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GIFT   OF 
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Workmen's  Compensation  Law 


of  the 


STATE  OF  NEW  YORK 


EFFECTIVE  JULY    I,  1914 


Workmen's  (compensation   Law 

of  the 

Otate  of  INew   York 


Reprinted  January,  1914 


Copyright,  1 9 14,  by 

F.  Robertson  Jonks 

New  York 


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Contents 

Pages 

Digest  of  Workmen's  Compensation  Law 5 

Text  of  Workmen's  Compensation  Law 9 


284571 


DIGEST  OF  THE   NEW  YORK 
WORKMEN'S  COMPENSATION   LAW* 


TITLE,    ETC. 

Chapter  816,  Laws  of  New  York,  1913,  being  "Chapter  67  of  The 
Consolidated  Laws,"  and  entitled  "Workmen's  Compensation  Law." 
Approved  Dec.  16,  1913.  Administrative  provisions  effective  January 
1,  191-1;  liability  provisions  effective  July  1,  1914  (Sec.  131).  Repeals 
Chapter  674,  Laws  of  1910  (Sec.  130)  ;  which  was  declared  unconstitu- 
tional in  Ives  vs.  South  Buffalo  Ry.  Co.,  201  N.  Y.  271  (Chapter  352, 
Laws  of  1910,  legalizing  the  adoption  of  a  compensation  plan,  in  a 
wider  range  of  employments,  by  agreement,  is  not  repealed). 

SYSTEM 

Compensation  with  Insurance  or  proof  of  financial  responsibility,  com- 
pulsory (Sees.  10  and  50) .  Supervised  and  to  a  large  extent  administered 
by  "State  Workmen's  Compensation  Commission"  CArt.  4).  All  pay- 
ments to  be  made  through  the  Commission  or  an  authorized  deputy  ( Sec. 
25),  subject  to  heavy  penalties  for  defaults  (Sec.  26). 

"CONTRACTING  OUT" 

Agreements  to  waive  right  to  compensation,  void  (Sec.  32).  Agree- 
ments for  contribution  by  employees  void   (Sec.  31). 

EMPLOYMENTS    COVERED 

All  employments  by  a  private  employer  in  certain  hazardous  occupa- 
tions enumerated  (Sec.  2),  if  carried  on  by  the  employer  for  pecuniary 
gain  (Sec.  3  (5)  ;  farm  labor  and  domestic  service,  however,  expressly 
excepted  (Sec.  3(4)).  (But  as  to  employment  in  interstate  commerce  see 
Sec.  114). 

INJURIES  COVERED 

Accidental  personal  injuries  arising  out  of  and  in  the  course  of  the 
employment,  unless  due  to  intent  to  injure  self  or  another  or  to  intoxica- 
tion while  on  duty  (Sees.  10  and  3(7)). 

NOTICE  OF  INJURY  AND  CLAIM  FOR  COMPENSATION 

Written  notice  containing  'prescribed  particulars  must  be  served  on 
employer  and  Commission  within  10  days  after  disability  or  30  days  after 


♦The  headings  of  this  "Digest"  conform  in  substance  and  order  with  those  of  the 
"Digest  of  Workmen's  Compensation  and  Insurance  Laws  in  the  United  States  "  (published 
under  the  auspices  of  the  Workmen's  Compensation  Publicity  Bureau,  80  Maiden  Lane, 
New  York  City)— so  that  the  former  supplements  the  latter. 


death.  Failure  to  do  so  bars  claim,  unless  excused  by  Commission  (Sec. 
18).  Claim  must  be  made  within  one  year  after  injury  or  death  (Sec. 
28).  But  no  time  limitation  runs  against  one  mentally  incompetent 
or  a  minor  so  long  as  he  has  no  guardian,  etc.     (Sec.  116). 

♦'WAITING  PERIOD" 
First  14  days  of  disability   (Sec.  12). 

MEDICAL  AND  SURGICAL  AID 

Such  medical,  surgical  and  hospital  services,  including  crutches,  ap- 
paratus, etc.,  as  required  or  requested  by  employee,  must  be  furnished 
by  employer  during  60  days  after  injury.  Charges  therefor  subject  to 
regulation  by  commission  and  limited  to  those  that  prevail  in  the  same 
community  for  similar  treatment  of  persons  of  a  like  standard  of  living 

(Sec.  13).      COMPENSATION  FOR  TOTAL  DISABILITY 

66  2-3%  of  average  weekly  wages ;  maximum  $15,  minimum  $5  or  full 
wages,  per  week ;  if  permanent,  for  life ;  if  temporary,  during  disability 
bu^  not  to  exceed  in  aggregate  $3,500.  Certain  severe  injuries  presumed 
to  constitute  permanent  total  disability   (Sees.  14  and  15   (1)    (2)    (5) 

^^^  ^'  COMPENSATION  FOR  PARTIAL  DISABILITY 

Schedule  of  special  compensation  for  certain  specified  injuries;  ex- 
clusive; for  loss  of  a  hand,  arm,  foot,  leg  or  eye,  maximum  $20,  mini- 
mum $5,  per  week.  In  other  cases,  66  2-3%  of  reduction  in  earning 
capacity;  during  disability.  Except  for  injuries  specified  above,  maxi- 
mum $15,  minimum  $5  or  full  wages,  per  week ;  but  in  case  of  temporary 
partial  disability  not  to  exceed  in  aggregate  $3,500  (Sees.  14  and  15  (3) 
(4)   (5)    (6)   ). 

COMPENSATION  FOR  DEATH 

In  all  cases,  reasonable  funerable  expenses,  not  to  exceed  $100.  30% 
of  wages  to  wife  or  dependent  husband  during  widowhood  or  dependency 
(two  years'  extra  benefits  to  widow  upon  remarriage),  with  10%  addi- 
tional for  each  child  under  18,  until  that  age  is  reached.  If  no  widow 
or  dependent  widower,  15%  to  each  child.  And  15%  each  to  dependent 
grandchildren,  brothers  and  sisters  under  18  and  to  dependent  parents 
and  grandparents,  subject,  however,  to  preference  of  widow  or  dependent 
widower  and  children,  if  any,  for  their  full  benefits.  Total  benefits  lim- 
ited to  66  2-3%  of  wages.  Excess  of  wages  over  $100  per  month  not  to 
be  reckoned  in  computing  death  benefits  (Sees.  14  and  16). 

WHO  ARE  DEPENDENTS 
Dependency  not  defined;  to  be  determined  in  accordance  with  condi- 
tions at  time  of  accident.  Beneficiaries  are  limited  to  widow  or  depen- 
dent widower,  children,  dependent  grandchildren,  brothers  and  sisters 
under  18  years  of  age  and  dependent  parents  and  grandparents  (Sec. 
16).    "Child"  defined  (Sec.  3). 


NON-RESIDENT  ALIENS 

Non-resident  (or  about  to  become  non-resident)  alien  dependents  are 
entitled  to  full  benefits ;  but  the  Commission  may,  or,  upon  application 
of  insurer,  must  commute  future  installments  of  their  compensation  to 
a  lump  sum  equal  to  one-half  the  present  value  thereof,  Canadians  are 
not  classed  as  aliens  (Sec.  17). 

EXAMINATIONS 

Injured  employee  must  submit  to  medical  examination  from  time  to 
time  when  requested  by  Commission,  as  may  be  provided  by  its  rules. 
Insurer  and  employee  may  have  their  respective  physicians  present.  Re- 
fusal to  submit  forfeits  right  to  compensation  for  period  of  refusal 
(Sec.  19). 

DETERMINATION  OF  CLAIMS 

All  claims  are  to  be  adjusted  and  determined  by  Commission ;  and 
its  decisions  are  final  on  all  questions  of  fact,  and  on  all  questions  of 
law  except  as  provided  in  Sec.  23  (Sec.  21).  Appeals,  within  30  days 
to  Appellate  Division,  Third  Department.  If  claim  not  against  State 
Fund,  Commission  may  also  certify  questions  to  the  Court  (Sec.  23). 
Claims  may  not  be  released  nor  commuted  by  agreement  between  the 
parties   (Sec.  33). 

MODIFICATION   OF   AWARDS 

Upon  its  own  motion  or  upon  the  application  of  any  party  in  interest, 
at  any  time,  the  Commission  may  review  and  modify  an  award  (Sec. 
22).  The  Commission's  jurisdiction  is  continuing,  and,  from  time  to 
time,  it  may  modify  any  former  orders  or  findings  as  it  may  deem  just 
(Sec.   74). 

COMMUTATIONS 

The  Commission  may  commute  periodical  payments  to  one  or  more 
lump  sum  payments  whenever,  in  the  interest  of  justice,  it  shall  so  deem 
advisable  (Sec.  25).  Whenever  possible  to  compute  the  present  value 
of  all  future  payments,  the  Commission  may  permit  or  require  the 
payment  of  the  amount  thereof  into  the  State  Fund,  whereby  that  fund 
assumes  the  liability  and  the  party  originally  liable  is  discharged  (Sec. 
27). 

PREFERENCE 

A  claim  for  compensation  has  the  same  preference  or  lien  without 
limit  of  amount  as  a  claim  for  unpaid  wages  of  labor  (Sec.  34). 

ASSIGNMENTS— EXEMPTIONS 

Claims  for  compensation  may  not  be  assigned,  released  or  commuted, 
except  as  provided  in  the  Act.  Compensation  is  exempt  from  all  claims 
of  creditors  and  from  levy,  execution,  attachment,  etc,   (Sec.  33). 


FEES  AND  LIENS 
Claims  for  legal  services  and  for  services  of  physicians  or  hospitals 
are  not  enforceable,  unless  approved  by  Commission.   If  so  approved,  a 
claim  becomes  a  lien  upon  the  award,  but  is  payable  only  in  manner 
fixed  by  the  Commission  (Sec.  24). 

SUBBROGATION 

If  employee  is  injured  by  negligence  of  a  third  party  not  in  same 
employ,  he  has  option  either  to  take  compensation  or  to  sue  such  third 
party  for  damages.  If  first  alternative  is  elected,  he  must  assign  claim 
for  damages  to  party  liable  for  compensation.  If  second  alternative  is 
elected,  the  party  liable  for  compensation  need  pay  only  the  deficiency, 
if  any,  between  amount  of  damages  recovered  and  total  amount  of  com- 
pensation (Sec.  29).       guiTS   FOR  DAMAGES 

If  the  employer  has  not  secured  the  payment  of  compensation  as  re- 
quired by  Article  3,  the  injured  employee  has  option  either  to  recover 
compensation  of  the  employer  or  to  sue  him  for  full  damages;  and  in 
such  suit  for  damages  the  employer's  common  law  defenses  are  abro- 
gated   (Sees.  11  and  52).  INSURANCE 

Insurance  in  the  State  Fund  or  in  some  authorized  company  or  mu- 
tual association  is  copiDulsory,  with  alternative  to  employer  to  carry 
his  own  risks  upon  proof  of  responsibility  satisfactory  to  Commission, 
etc.   (Sec.  50).    Employer  must  post  notices  of  compliance  (Sec.  51). 

"The  State  Insurance  Fund,"  to  be  managed  by  the  Commission,  is 
created,  exempt  from  the  common  requirements  as  to  reports,  reserves, 
etc.,  and  from  supervision  by  Insurance  Department,  but  subject  to 
special  provisions  as  to  reports,  reserves,  assessments,  etc.  For  three 
years  its  administration  expenses  are  to  be  paid  by  State.  Employers 
insuring  therein  may  withdraw  at  any  time,  but  remain  liable  for 
assessments  for  one  year  thereafter  (Art.  5).  And  employers  insur- 
ing therein  are  relieved  from  all  liabilitj^  to  employees  (Sec.  53). 
^c^iBvery  policy  of  insurance  by  a  company  or  association  must  provide 
that  the  Commission  may  enforce  it,  that  notice  to  employer  shall  be 
deemed  notice  to  insurer,  etc.,  and  that  insolvency  of  employer  shall 
not  discharge  insurer,  etc.;  and  must  cover  the  liability  for  the  pay- 
ment of  the  compensation  prescribed  in  the  Act.  Such  policies  may  be 
cancelled  only  upon  notice  to  Commission,  etc.  (Sec.  54). 

Various  duties  and  penalties  are  imposed  upon  employers  generally 
(Sees.  11,  2G,  52,  76  and  111-113),  and  upon  those  insuring  in  the 
State  Fund  in  particular  (Sees.  99  and  101-104). 

ASSOCIATIONS  FOR   ACCIDENT   PREVENTION 
Upon  an  indefinite  condition,  power  is  conferred  upon  the  Commis- 
sion, in  conjunction  with  the  Department  of  Labor,  to  prescribe  rules 
for  accident  prevention  (Sec.  96). 

8 


TEXT  OF  THE   LAW 


CHAPTER    816,    LAWS    OF    1913 
CHAPTER   67   OF   THE   CONSOLIDATED    LAWS 

AN    ACT 

In  relation  to  assuring  compensation  for  injuries  or  death  of  certain 
employees  in  the  course  of  their  employment  and  repealing  certain 
sections  of  the  labor  law  relating  thereto,  constituting  chapter  sixty- 
seven  of  the  consolidated  laws. 

TJie  People  of  the  State  of  'New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

CHAPTER  67  OF  THE  CONSOLIDATED  LAWS 
Workmen's     Compensation    Law 

Article  1.  Short  title,  application,  definitions.    (Sees.  1-3). 

2.  Compensation.    (Sees.  10-34). 

3.  Security   for  compensation.     (Sees.   50-54). 

4.  State  workmen's  compensation  commission.    (Sees.  60-76). 

5.  State   insurance   fund.     (Sees.   90-105). 

6.  Miscellaneous  provisions.    (Sees.  110-119). 

7.  Laws  repealed;  when  to  take  effect.    (Sees.  130-131). 

ARTICLE  1 
Short  Title  ;  Application  ;  Definitions 

Section  1.     Short  title. 

2.  Application. 

3.  Definitions. 

Section  1.  Short  title.  This  chapter  shall  be  known  as  the  "work- 
men's  compensation   law." 

Section  2.  Application.  Compensation  provided  for  in  this  chapter 
shall  be  payable  for  injuries  sustained  or  death  incurred  by  employees 
engaged     in  the  following  hazardous  employments : 

Group  1.  The  operation,  including  construction  and  repair,  of  rail- 
ways operated  by  steam,  electric  or  other  motive  power,  street  railways, 
and  incline  railways,  but  not  their  construction  when  constructed  by 
any  person  other  than  the  company  which  o'utis  or  operates  the  railway, 
including  work  of  express,  sleeping,  parlor  and  dining  car  employees 
on  railway  trains. 


Group  2.  Construction  and  operation  of  railways  not  included  in 
group  one. 

Group  3.  The  operation,  including  construction  and  repair,  of  car 
shops,  machine  shops,  steam  and  power  plants,  and  other  works  for  the 
purposes  of  any  such  railway,  or  used  or  to  be  used  in  connection  with 
it  when  operated,  constructed  or  repaired  by  the  company  which  owns 
or  operates  the  railway. 

Group  4.  The  operation,  including  construction  and  repair,  of  car 
shops,  machine  shops,  steam  and  power  plants,  not  included  in  group 
three. 

Group  5.  The  operation,  including  construction  and  repair,  of  tele- 
phone lines  and  wires  for  the  purposes  of  the  business  of  a  telephone 
company,  or  used  or  to  be  used  in  connection  with  its  business,  when 
constructed  or  operated  by  the  company. 

Group  6.  The  operation^  including  construction  and  repair,  of  tele- 
graph lines  and  wires  for  the  purposes  of  the  business  of  a  telegraph 
company,  or  used  or  to  be  used  in  connection  with  its  business,  when 
constructed  or  operated  by  the  company. 

Group  7.  Construction  of  telegraph  and  telephone  lines  not  included 
in  groups  five  and  six. 

Group  8.  The  operation,  within  or  without  the  state,  including  re- 
pair, of  vessels  other  than  vessels  of  other  states  or  countries  used  in 
interstate  or  foreign  commerce,  when  operated  or  repaired  by  the  com- 
pany. 

Group  9.  Shipbuilding,  including  construction  and  repair  in  a  ship- 
yard or  elsewhere,  not  included  in  group  eight. 

Group  10.  Longshore  work,  including  the  loading  or  unloading  of 
cargoes  or  parts  of  cargoes  of  grain,  coal,  ore,  freight,  general  merchan- 
dise, lumber  or  other  products  or  materials,  or  moving  or  handling  the 
same  on  any  dock,  platform  or  place,  or  in  any  warehouse  or  other 
place  of  storage. 

Group  11.  Dredging,  subaqueous  or  caisson  construction,  and  pile 
driving. 

Group  12.  Construction,  installation  or  operation  of  electric  light 
and  electric  power  lines,  dynamos,  or  appliances,  and  power  transmis- 
sion lines. 

Group  13.  Paving ;  sewer  and  subway  construction,  work  under  com- 
pressed air,  excavation,  tunneling  and  shaft  sinking,  well  digging,  laying 
and  repair  of  underground  pipes,  cables  and  wires,  not  included  in 
other  groups. 

10 


Group  14.  Lumbering;  logging,  river-driving,  rafting,  booming,  saw 
mills,  shingle  mills,  lath  mills ;  manufacture  of  veneer  and  of  excelsior ; 
manufacture  of   staves,   spokes,  or   headings. 

Group  15.     Pulp  and  paper  mills. 

Group  16.  Manufacture  of  furniture,  interior  woodwork,  organs, 
pianos,  piano  actions,  canoes,  small  boats,  coffins,  wicker  and  rattan 
ware;  upholstering;  manufacture  of  mattresses  or  bed  springs. 

Group  17.  Planing  mills,  sash  and  door  factories,  manufacture  of 
wooden  and  corrugated  paper  boxes,  cheese  boxes,  mouldings,  window 
and  door  screens,  window  shades,  carpet  sweepers,  wooden  toys,  articles 
and  wares  or  baskets. 

Group  18.  Mining;  reduction  of  ores  and  smelting;  preparation  of 
metals  or  minerals. 

Group  19.  Quarries ;  sand,  shale,  clay  or  gravel  pits,  lime  kilns ; 
manufacture  of  brick,  tile,  terra-cotta,  fire-proofing,  or  paving  blocks, 
manufacture  of  calcium  carbide,  cement,  asphalt  or  paving  material. 

Group  20.  Manufacture  of  glass,  glass  products,  glassware,  porce- 
lain or  pottery. 

Group  21.  Iron,  steel  or  metal  foundries ;  rolling  mills ;  manufacture 
of  castings,  forgings,  heavy  engines,  locomotives,  machinery,  safes, 
anchors,  cables,  rails,  shafting,  wires,  tubing,  pipes,  sheet  metal,  boilers, 
furnaces,  stoves,  structural  steel,  iron  or  metal. 

Group  22.  Operation  and  repair  of  stationary  engines  and  boilers, 
not  included  in  other   groups. 

Group  23.  Manufacture  of  small  castings  or  forgings,  metal  wares, 
instruments,  utensils  and  articles,  hardware,  nails,  wire  goods,  screens, 
bolts,  metal  beds,  sanitary,  water,  gas  or  electric  fixtures,  light  machines, 
typewriters,  cash  registers,  adding  machines,  carriage  mountings, 
bicycles,  metal  toys,  tools,  cutlery,  instruments,  photographic  cameras 
and  supplies,  sheet  metal  products,  buttons. 

Group  24.  Manufacture  of  agricultural  implements,  threshing  ma- 
chines, traction  engines,  wagons,  carriages,  sleighs,  vehicles,  automobiles, 
motor  trucks,   toy   wagons,   sleighs  or  baby   carriages. 

Group  25.  Manufacture  of  explosives  and  dangerous  chemicals,  cor- 
rosive acids  or  salts,  ammonia,  gasoline,  petroleum,  petroleum  products, 
celluloid,  gas,  charcoal,  artificial  ice,  gun  powder  or  ammunition. 

Group  26.  Manufacture  of  paint,  color,  varnish,  oil,  japans,  turpen- 
tine, printing  ink,  printers'  rollers,  tar,  tarred,  pitched  or  asphalted 
paper, 

11 


Group  27.  Distilleries,  breweries ;  manufacture  of  spirituous  or  malt 
liquors,  alcohol,  wine,  mineral  water  or  soda  waters. 

Group  28.  Manufacture  of  drugs  and  chemicals,  not  specified  in 
group  twenty-five,  medicines,  dyes,  extracts,  pharmaceutical  or  toliet 
preparations,  soaps,  candles,  perfumes,  non-corrosive  acids  or  chemical 
preparations,  fertilizers,  including  garbage  disposal  plants;  shoe  black- 
ing or  polish. 

Group  29.  Milling;  manufacture  of  cereals  or  cattle  foods,  ware- 
housing; storage;  operation  of  grain  elevators. 

Group  30.  Packing  houses,  abattoirs,  manufacture  or  preparation 
of  meats  or  meat  products  or  glue. 

Group  31.    Tanneries, 

Group  32.  Manufacture  of  leather  goods  and  products,  belting,  sad- 
dlery, harness,  trunks,  valises,  boots,  shoes,  gloves,  umbrellas,  rubber 
goods,  rubber  shoes,  tubing,  tires  or  hose. 

Group  83.  Canning  or  preparation  of  fruit,  vegetables,  fish  or  food 
stuffs ;   pickle  factories  and  sugar   refineries. 

Group  34.  Bakeries,  including  manufacture  of  crackers  and  biscuits, 
manufacture  of  confectionery,  spices  or  condiments. 

Group  35.  Manufacture  of  tobacco,  cigars,  cigarettes  or  tobacco 
products. 

Group  36.  Manufacture  of  cordage,  ropes,  fibre,  brooms  or  brushes; 
manilla  or  hemp  products. 

Group  37.  Flax  mills ;  manufacture  of  textiles  or  fabrics,  spinning, 
weaving  and  knitting  manufactories ;  manufacture  of  yarn,  thread,  hos- 
iery, cloth,  blankets,  carpets,  canvas,   bags,  shoddy  or  felt. 

Group  38.  Manufacture  of  men's  or  women's  clothing,  white  wear, 
shirts,  collars,  corsets,  hats,  caps,  furs  or  robes. 

Group  39.    Power  laundries ;  dyeing,  cleaning  or  bleaching. 

Group  40.  Printing,  photo-engraving,  stereotyping,  electrotyping. 
lithographing,  embossing;  manufacture  of  stationery,  paper,  cardboard 
boxes,  bags,  or  wall-paper ;  and  book-binding. 

Group  41.  The  operation,  otherwise  than  on  tracks,  on  streets,  high- 
ways, or  elsewhere  of  cars,  trucks,  wagons  or  other  vehicles,  and 
rollers  and  engines,  propelled  by  steam,  gas,  gasoline,  electric,  me- 
chanical or  other  power  or  drawn  by  horses  or  mules. 

12 


Group  42.  Stone  cutting  or  dressing;  marble  works;  manufacture 
of  artificial  stone;  steel  building  and  bridge  construction;  installation 
of  elevators,  fire  escapes,  boilers,  engines  or  heavy  machinery;  brick- 
laying, tile-laying,  mason  work,  stone-setting,  concrete  v\^ork,  plastering ; 
and  manufacture  of  concrete  blocks;  structural  carpentry;  painting, 
decorating  or  renovating ;  sheet  metal  work ;  roofing ;  construction,  repair 
and  demolition  of  buildings  and  bridges;  plumbing,  sanitary  or  heating 
engineering;   installation  and  covering  of  pipes  or  boilers. 

Sec.  3.  Definitions.  As  used  in  this  chapter,  1.  "Hazardous  employ- 
ment" means  a  work  or  occupation  described  in  section  two  of  this 
chapter. 

2.  "Commission"  means  the  state  workmen's  compensation  com- 
mission, as  constituted  by  this  chapter. 

3.  "Employer,"  except  when  otherwise  expressly  stated,  means  a 
person,  partnership,  association,  corporation,  and  the  legal  representa- 
tives of  a  deceased  employer,  or  the  receiver  or  trustee  of  a  person, 
partnership,  association  or  corporation,  employing  workmen  in  hazard- 
ous employments ;  but  does  not  include  the  state  or  a  municipal  cor- 
poration or  other  political  subdivision  thereof. 

4.  "Employee"  means  a  person  who  is  engaged  in  a  hazardous  em- 
ployment in  the  service  of  an  employer  carrying  on  or  conducting  the 
same  upon  the  premises  or  at  the  plant,  or  in  the  course  of  his  em- 
ployment away  from  the  plant  of  his  employer;  and  shall  not  include 
farm  laborers  or  domestic  servants. 

5.  "Employment"  includes  employment  only  in  a  trade,  business  or 
occupation  carried  on  by  the  employer  for  pecuniary  gain. 

6.  "Compensation"  means  the  money  allowance  payable  to  an  em- 
ployee or  to  his  dependents  as  provided  for  in  this  chapter,  and  in- 
cludes funeral  benefits  provided  therein. 

7.  "Injury"  and  "personal  injury"  mean  only  accidental  injuries 
arising  out  of  and  in  the  course  of  emploj^ment  and  such  disease  or  in- 
fection as  may  naturally  and  unavoidably  result  therefrom. 

8.  "Death"  when  mentioned  as  a  basis  for  the  right  to  compensa- 
tion means  only  death  resulting  from  such  injury. 

9.  "Wages"  means  the  money  rate  at  which  the  service  rendered 
is  recompensed  under  the  contract  of  hiring  in  force  at  the  time  of  the 
accident,  including  the  reasonable  value  of  board,  rent,  housing,  lodging 
or   similar    advantage   received   from    the   employer. 

10.  "State  fund"  means  the  state  insurance  fund  provided  for  in 
article  five  of  this  chapter. 

13 


11.  "Child"  shall  include  a  posthumous  child  and  a  child  legally 
adopted  prior  to  the  injury  of  the  employee. 

12.  "Insurance  carrier"  shall  include  the  state  fund,  stock  corpora- 
tions or  mutual  associations  with  which  employers  have  insured,  and 
employers  permitted  to  pay  compensation  directly  under  the  provisions 
of  subdivision  three  of  section  fifty. 

ARTICLE  2 
Compensation. 

Section  10.  Liability  for  compensation. 

11.  Alternative   remedy. 

12.  Compensation  not   allowed  for   first  two  weeks. 

13.  Treatment  and  care  of  injured  employees. 

14.  Weekly  wages  basis  of  compensation. 

15.  Schedule  in  case  of  disability. 
IG.  Death  benefits. 

17.  Aliens. 

18.  Notice  of  injury. 

19.  Medical  examination. 

20.  Determination   of    claims   for    compensation. 

21.  Presumptions. 

22.  Modification   of   award. 

23.  Appeals  from  the  commission. 

24.  Costs  and  fees. 

25.  Compensation,   how  payable. 

26.  Enforcement  of  payment  in  default. 

27.  Depositing   future  payments. 

28.  Limitation  of  right  to  compensation. 

29.  Subrogation  to  remedies  of  employee. 

30.  Revenues  or  benefits  from  other  sources  not  to  affect  com- 
pensation. 

31.  Agreement   for  contribution   by   employee   void. 

32.  Waiver  agreements   void. 

33.  Assignments ;   exemptions. 

34.  Preferences. 

14 


Sec.  10.  Liability  for  compensation.  Every  employer  subject  to  the 
provisions  of  this  chapter  shall  pay  or  provide  as  required  by  this 
chapter  compensation  according  to  the  schedules  of  this  article  for  the 
disability  or  death  of  his  employee  resulting  from  an  accidental  per- 
sonal injury  sustained  by  the  employee  arising  out  of  and  in  the  course 
of  his  employment,  without  regard  to  fault  as  a  cause  of  such  injury, 
except  where  the  injury  is  occasioned  by  the  willful  intention  of  the 
injured  employee  to  bring  about  the  injury  or  death  of  himself  or'  of 
another,  or  where  the  injury  results  solely  from  the  intoxication  of  the 
injured  employee  while  on  duty.  Where  the  injury  is  occasioned  by  the 
willful  intention  of  the  injured  employee  to  bring  about  the  injury  or 
death  of  himself  or  of  another,  or  where  the  injury  results  solely 
from  the  intoxication  of  the  injured  employee  while  on  duty,  neither 
the  injured  employee  nor  any  dependent  of  such  employee  shall 
receive  compensation  under  this  chapter. 

Sec.  11.  Alternative  remedy.  The  liability  prescribed  by  the  last 
preceding  section  shall  be  exclusive,  except  that  if  an  employer  fail  to 
secure  the  payment  of  compensation  for  his  injured  employees  and  their 
dependents  as  provided  in  section  fifty  of  this  chapter,  an  injured  em- 
ployee, or  his  legal  representative  in  case  death  results  from  the  injury, 
may,  at  his  option,  elect  to  claim  compensation  under  this  chapter,  or  to 
maintain  an  action  in  the  courts  for  damages  on  account  of  such  injury ; 
and  in  such  an  action  the  defendant  may  not  plead  as  a  defense  that  the 
injury  was  caused  by  the  negligence  of  a  fellow  servant  or  that  the  em- 
ployee assumed  the  risk  of  his  employment,  or  that  the  injury  was  due 
to  the  contributory  negligence  of  the  employee. 

Sec.  12.  Compensation  not  allowed  for  first  two  weeks.  No  com- 
pensation shall  be  allowed  for  the  first  fourteen  days  of  disability, 
except  the  benefits  provided  for  in  section  thirteen  of  this  chapter. 

Sec.  13.  Treatment  and  care  of  injured  employees.  The  employer 
shall  promptly  provide  for  an  injured  employee  such  medical,  surgical 
or  other  attendance  or  treatment,  nurse  and  hospital  service,  medicines, 
crutches  and  apparatus  as  may  be  required  or  be  requested  by  the  em- 
ployee, during  sixty  days  after  the  injury.  If  the  employer  fail  to 
provide  the  same,  the  injured  employee  may  do  so  at  the  expense  of 
the  employer.  The  employee  shall  not  be  entitled  to  recover  any 
amount  expended  by  him  for  such  treatment  or  services  unless  he  shall 
have  requested  the  employer  to  furnish  the  same  and  the  employer 
shall  have  refused  or  neglected  to  do  so.  All  fees  and  other  charges 
for  such  treatment  and  services  shall  be  subject  to  regulation  by  the 
commission  as  provided  in  section  twenty-four  of  this  chapter,  and 
shall  be  limited  to  such  charges  as  prevail  in  the  same  community  for 
similar  treatment  of  injured  persons  of  a  like  standard  of  living, 

15 


Sec.  14.  Weekly  wages  basis  of  compensation.  Except  as  other- 
wise provided  in  this  chapter,  the  average  weelily  wages  of  the  injured 
employee  at  the  time  of  the  injury  shall  be  taken  as  the  basis  upon 
which  to  compute  compensation  or  death  benefits,  and  shall  be  deter- 
mined as  follows : 

1.  If  the  injured  employee  shall  have  worked  in  the  employment 
in  which  he  was  working  at  the  time  of  the  accident,  whether  for 
the  same  employer  or  not,  during  substantially  the  whole  of  the  year 
immediately  preceding  his  injury,  his  average  annual  earnings  shall 
consist  of  three  hundred  times  the  average  daily  wage  or  salary  which 
he  shall  have  earned  in  such  employment  during  the  days  when  so 
employed ; 

2.  If  the  injured  employee  shall  not  have  worked  in  such  employ- 
ment during  substantially  the  whole  of  such  year,  his  average  annual 
earnings  shall  consist  of  three  hundred  times  the  average  daily  wage 
or  salary  which  an  employee  of  the  same  class  working  substantially 
the  whole  of  such  immediately  preceding  year  in  the  same  or  in  a 
similar  employment  in  the  same  or  a  neighboring  place  shall  have 
earned  in  such  employment  during  the  days  when  so  employed ; 

3.  If  either  of  the  foregoing  methods  of  arriving  at  the  annual 
average  earnings  of  an  injured  employee  cannot  reasonably  and  fairly 
be  applied,  such  annual  earnings  shall  be  such  sum  as,  having  regard 
to  the  previous  earnings  of  the  injured  employee  and  of  other  em- 
ployees of  the  same  or  most  similar  class,  working  in  the  same  or  most 
similar  employment  in  the  same  or  neighboring  locality,  shall  reason- 
ably represent  the  annual  earning  capacity  of  the  injured  employee 
In  the  employment  in  which  he  was  working  at  the  time  of  the  acci- 
dent; 

4.  The  average  weekly  wages  of  an  employee  shall  be  one-fifty-sec- 
ond part  of  his  average  annual  earnings ; 

5.  If  it  be  established  that  the  injured  employee  was  a  minor 
when  injured,  and  that  under  normal  conditions  his  wages  would  be 
expected  to  increase,  the  fact  may  be  considered  in  arriving  at  his 
average  weekly  wages. 

Sec.  15.  Schedule  in  case  of  disability.  The  following  schedule  of 
compensation  is  hereby  established : 

1.  Total  permanent  disability.  In  case  of  total  disability  adjudged 
to  be  permanent  sixty-six  and  two-thirds  per  centum  of  the  average 
weekly  wages  shall  be  paid  to  the  employee  during  the  continuance 
of  such  total  disability.  Loss  of  both  hands,  or  both  arms,  or  both 
feet,  or  both  legs,  or  both  eyes,  or  of  any  two  thereof  shall,  in  the 
absence  of  conclusive  proof  to  the  contrary,  constitute  permanent  totai 

16 


disability.     In  all  other  cases  permanent  tofal  disability  shall  be  deter- 
mined in  accordance  with  the  facts. 

2.  Temporary  total  disability.  In  case  of  temporary  total  dis- 
ability, sixty-six  and  two-thirds  per  centum  of  the  average  weekly 
wages  shall  be  paid  to  the  employee  during  the  continuance  thereof, 
but  not  in  excess  of  three  thousand  five  hundred  dollars,  except  as 
otherwise  provided  in  this  chapter. 

3.  Permanent  partial  disability.  In  case  of  disability  partial  in 
character  but  permanent  in  quality  the  compensation  shall  be  sixty- 
six  and  two-thirds  per  centum  of  the  average  weekly  wages  and 
shall  be  paid  to  the  employee*  for  the  period  named  in  the  schedule  as 
follows : 

Thumb.     For  the  loss  of  a  thumb,  sixty  weeks. 

First  finger.  For  the  loss  of  a  first  finger,  commonly  called  index 
finger,  forty-six  weeks. 

Second  finger.    For  the  loss  of  a  second  finger,  thirty  weeks. 

Third  finger.    For  the  loss  of  a  third  finger,  twenty-five  weeks. 

Fourth  finger.  For  the  loss  of  a  fourth  finger,  commonly  called  the 
little  finger,  fifteen  v\'eeks. 

Phalange  of  thumb  or  finger.  The  loss  of  the  first  phalange  of  the 
thumb  or  finger  shall  be  considered  to  be  equal  to  the  loss  of  one-half 
of  such  thumb  or  finger,  and  compensation  shall  be  one-half  of  the 
amount  above  specified.  The  loss  of  more  than  one  phalange  shall  be 
considered  as  the  loss  of  the  entire  thumb  or  finger ;  provided,  how- 
ever, that  in  no  case  shall  the  amount  received  for  more  than  one 
finger  exceed  the  amount  provided  in  this  schedule  for  the  loss  of  a 
hand. 

Great  toe.     For  the  loss  of  a  great  toe,  thirty-eight  weeks. 

Other  toes.  For  the  loss  of  one  of  the  toes  other  than  the  great  toe, 
sixteen  weeks. 

Phalange  of  toe.  The  loss  of  the  first  phalange  of  any  toe  shall  be 
considered  to  be  equal  to  the  loss  of  one-half  of  said  toe,  and  the  com- 
pensation shall  be  one-half  of  the  amount  specified.  The  loss  of 
more  than  one  phalange  shall  be  considered  as  the  loss  of  the  entire 
toe. 

Hand.    The  loss  of  a  hand,  two  hundred  and  forty-four  weeks. 

Arm.    For  the  loss  of  an  arm,  three  hundred  and  twelve  weeks. 

Foot.    For  the  loss  of  a  foot,  two  hundred  and  five  weeks. 


*In  the  certified  copy  of  the  Act,  this  word  reads  "employer." 

17 


Leg.    For  the  loss  of  a  leg,  two  hundred  and  eighty-eight  weeks. 
Eye.    For  the  loss  of  an  eye,  one  hundred  and  twenty-eight  weeks. 

Loss  of  use.  Permanent  loss  of  the  use  of  a  hand,  arm,  foot,  leg  or 
eye  shall  be  considered  as  the  equivalent  of  the  loss  of  such  hand,  arm, 
foot,  leg  or  eye. 

Amputations.  Amputations  between  the  elbow  and  the  wrist  shall 
be  considered  as  the  equivalent  of  the  loss  of  a  hand.  Amputation 
between  the  knee  and  the  ankle  shall  be  considered  as  the  equivalent 
of  the  loss  of  a  foot.  Amputation  at  or  above  the  elbow  shall  be  con- 
sidered as  the  loss  of  an  arm.  Amputation  at  or  above  the  knee  shall 
be  considered  as  the  loss  of  the  leg. 

The  compensation  for  the  foregoing  specific  injuries  shall  be  in  lieu 
of  all  other  compensation,  except  the  benefits  provided  in  section  thir- 
teen of  this  chapter. 

Other  cases.  In  all  other  cases  in  this  class  of  disability,  the  com- 
pensation shall  be  sixty-six  and  two-thirds  per  centum  of  the  differ- 
ence between  his  average  weekly  wages  and  his  wage-earning  capacity 
thereafter  in  the  same  employment  or  otherwise,  payable  during  the 
continuance  of  such  partial  disability,  but  subject  to  reconsideration 
of  the  degree  of  such  impairment  by  the  commission  on  its  own  motion 
or  upon  application  of  any  party  in  Interest. 

4.  Temporary  partial  disability.  In  case  of  temporary  partial 
disability,  except  the  particular  cases  mentioned  in  subdivision  three 
of  this  section,  an  injured  employee  shall  receive  sixty-six  and  two- 
thirds  per  centum  of  the  difference  between  his  average  weekly  wages 
and  his  wage  earning  capacity  thereafter  in  the  same  employment  or 
otherwise  during  the  continuance  of  such  partial  disability,  but  not  in 
excess  of  three  thousand  five  hundred  dollars,  except  as  otherwise 
provided  in  this  chapter. 

5.  Limitation.  The  compensation  payment  under  subdivisions  one, 
two  and  four  and  under  subdivision  three  except  in  case  of  the  loss  of 
a  hand,  arm,  foot,  leg  or  eye,  shall  not  exceed  fifteen  dollars  per  week 
nor  be  less  than  five  dollars  per  week ;  the  compensation  payment  under 
subdivision  three  in  case  of  the  loss  of  a  hand,  arm,  foot,  leg  or  eye, 
shall  not  exceed  twenty  dollars  per  week  nor  be  less  than  five  dollars 
a  week;  provided,  however,  that  if  the  employee's  wages  at  the  time 
of  injury  are  less  than  five  dollars  per  week  he  shall  receive  his  full 
weekly  wages. 

18 


6.  Previous  disability.  The  fact  that  an  employee  has  suffered 
previous  disability  or  received  compensation  therefor  shall  not  pre- 
clude him  from  compensation  for  a  later  injury  nor  preclude  com- 
pensation for  death  resulting  therefrom ;  but  in  determining  compensa- 
tion for  the  later  injury  or  death  his  average  weekly  wages  shall  be 
such  sum  as  will  reasonably  represent  his  earning  capacity  at  the 
time  of  the  later  injury. 

Sec.  16.  Death  benefits.  If  the  injury  causes  death,  the  compen- 
sation shall  be  known  as  a  death  benefit  and  shall  be  payable  in  the 
amount  and  to  or  for  the  benefit  of  the  persons  following: 

1.  Reasonable  funeral  expenses,  not  exceeding  one  hundred  dollars ; 

2.  If  there  be  a  surviving  wife  (or  dependent  husband)  and 
no  child  of  the  deceased  under  the  age  of  eighteen  years,  to  such 
wife  (or  dependent  husband)  thirty  per  centum  of  the  average  wages 
of  the  deceased  during  widowhood  (or  dependent  widowerhood)  with 
two  years'  compensation  in  one  sum,  upon  remarriage;  and  if  there 
be  surviving  child  or  children  of  the  deceased  under  the  age  of 
eighteen  years,  the  additional  amount  of  ten  per  centum  of  such 
wages  for  each  such  child  until  of  the  age  of  eighteen  years,  provided 
that  the  total  amount-  payable  shall  in  no  case  exceed  sixty -six  and  two- 
thirds  per  centum  of  such  wages. 

3.  If  there  be  surviving  child  or  children  of  the  deceased  under 
the  age  of  eighteen  years,  but  no  surviving  wife  (or  dependent  hus- 
band) then  for  the  support  of  each  such  child  until  of  the  age  of 
eighteen  years,  fifteen  per  centum  of  the  wages  of  the  deceased,  pro- 
vided that  the  aggregate  shall  in  no  case  exceed  sixty-six  and  two- 
thirds  per  centum  of  such  wages. 

4.  If  the  amount  payable  to  surviving  wife  (or  dependent  hus- 
band) and  to  children  under  the  age  of  eighteen  years  shall  be  less 
in  the  aggregate  than  sixty-six  and  two-thirds  per  centum  of  the 
average  wages,  of  the  deceased,  then  for  the  support  of  grand-children 
or  brothers  and  sisters  under  the  age  of  eighteen  years,  if  dependent 
upon  the  deceased  at  the  time  of  the  accident,  fifteen  per  centum  of 
such  wages  for  the  support  of  each  such  person  until  of  the  age  of 
eighteen  years ;  and  for  the  support  of  each  parent,  or  grandparent, 
of  the  deceased  if  dependent  upon  him  at  the  time  of  the  accident, 
fifteen  per  centum  of  such  wages  during  such  dependency.  But  in 
no  case  shall  the  aggregate  amount  payable  under  this  subdivision 
exceed  the  difference  between  sixty-six  and  two-thirds  per  centum  of 
such  wages,  and  the  amount  payable  as  hereinbefore  provided  to  sur- 
viving wife  (or  dependent  husband)  or  for  the  support  of  surviving 
child  or  children. 


19 


Any  excess  of  wages  over  one  hundred  dollars  a  month  shall  not 
be  taken  into  account  in  computing  compensation  under  this  section. 
All  questions  of  dependency  shall  be  determined  as  of  the  time  of  the 
accident. 

Sec.  17.  Aliens.  Compensation  under  this  chapter  to  aliens  not 
residents  (or  about  to  become  nonresidents)  of  the  United  States  or 
Canada,  shall  be  the  same  in  amount  as  provided  for  residents,  except 
that  the  commission  may,  at  its  option,  or,  upon  the  application  of 
the  insurance  carrier,  shall,  commute  all  future  installments  of  com- 
pensation to  be  paid  to  such  aliens,  by  paying  or  causing  to  be  paid  to 
them  one-half  of  the  commuted  amount  of  such  future  installments  of 
compensation  as  determined  by  the  commission. 

Sec.  18.  Notice  of  injury.  Notice  of  an  injury  for  which  com- 
pensation is  payable  under  this  chapter  shall  be  given  to  the  com- 
mission and  to  the  employer  within  ten  days  after  disability,  and  also 
in  case  of  the  death  of  the  employee  resulting  from  such  injury,  within 
thirty  days  after  such  death.  Such  notice  may  be  given  by  any  person 
claiming  to  be  entitled  to  compensation,  or  by  some  one  in  his  behalf. 
The  notice  shall  be  in  writing,  and  contain  the  name  and  address  of 
the  employee,  and  state  in  ordinary  language  the  time,  place,  nature 
and  cause  of  the  injury,  and  be  signed  by  him  or  by  a  person  on  his 
behalf  or,  in  case  of  death,  by  any  one  or  more  of  his  dependents, 
or  by  a  person  on  their  behalf.  It  shall  be  given  to  the  commission 
by  sending  it  by  mail,  by  registered  letter,  addressed  to  the  commis- 
sion at  its  office.  It  shall  be  given  to  the  employer  by  delivering  it  to 
him  or  sending  it  by  mail,  by  registered  letter,  addressed  to  the  em- 
ployer at  his  or  its  last  known  place  of  residence ;  provided  that,  if 
the  employer  be  a  partnership  then  such  notice  may  be  so  given  to 
any  one  of  the  partners,  and  if  the  employer  be  a  corporation,  then 
such  notice  may  be  given  to  any  agent  or  officer  thereof  upon  whom 
legal  process  may  be  served,  or  any  agent  in  charge  of  the  business  in 
the  place  where  the  injury  occurred.  The  failure  to  give  such  notice, 
unless  excused  by  the  commission  either  on  the  ground  that  notice 
for  some  sufficient  reason  could  not  have  been  given,  or  on  the  ground 
that  the  state  fund,  insiirance  company,  or  employer,  as  the  case  may 
be,  has  not  been  prejudiced  thereby,  shall  be  a  bar  to  any  claim  under 
this  chapter. 

Sec.  19.  Medical  examination.  An  employee  injured  claiming  or 
entitled  to  compensation  under  this  chapter  shall,  if  requested  by  the 
commission,  submit  himself  for  medical  examination  at  a  time,  and 
from  time  to  time,  at  a  place  reasonably  convenient  for  the  employee, 
and  as  may  be  provided  by  the  rules  of  the  commission.  If  the  employee 
or  the  insurance  carrier  request  he  shall  be  entitled  to  have  a  phy- 
sician or  physicians  of  his  own  selection  to  be  paid  by  him  present 

20 


to  participate  in  sucii  examination.  If  an  employee  refuse  to  submit 
himself  to  examination,  his  right  to  prosecute  any  proceeding  under 
this  chapter  shall  be  suspended,  and  no  compensation  shall  be  payable, 
for  the  period  of  such  refusal. 

Sec.  20.  Determination  of  claims  for  compensation.  At  any  time 
after  the  expiration  of  the  first  fourteen  days  of  disability  on  the 
part  of  an  injured  employee,  or  at  any  time  after  his  death,  a  claim 
for  compensation  may  be  presented  to  the  commission.  The  commis- 
sion shall  have  full  power  and  authority  to  determine  all  questions 
in  relation  to  the  payment  of  claims  for  compensation  under  the  pro- 
visions of  this  chapter.  The  commission  shall  make  or  cause  to  be 
made  such  investigation  as  it  deems  necessary',  and  upon  application 
of  either  party,  shall  order  a  hearing,  and  within  thirty  days  after 
a  claim  for  compensation  is  submitted  under  this  section,  or  such 
hearing  closed,  shall  make  or  deny  an  award,  determining  such  claim 
for  compensation,  and  file  the  sahie  in  the  office  of  the  commission, 
together  with  a  statement  of  its  conclusions  of  fact  and  rulings  of 
law.  The  commission  may,  before  making  an  award,  require  the 
claimant  to  appear  before  an  arbitration  committee  appointed  by  it 
and  consisting  of  one  representative  of  employees,  one  representative 
of  employers,  and  either  a  member  of  the  commission  or  a  person 
specially  deputized  by  the  commission  to  act  as  chairman,  before 
which  the  evidence  in  regard  to  the  claim  shall  be  adduced  and  by 
which  it  shall  be  considered  and  reported  upon.  Immediately  after 
such  filing  the  commission  shall  send  to  the  parties  a  copy  of  the 
decision.  Upon  a  hearing  pursuant  to  this  section  either  party  may 
present  evidence  and  be  represented  by  counsel.  The  decision  of  the 
commission  shall  be  final  as  to  all  questions  of  fact,  and,  except  as 
provided   in   section   twenty-three,   as   to   all   questions  of  law. 

Sec.  21.  Presumptions.  In  any  proceeding  for  the  enforcement 
of  a  claim  for  compensation  under  this  chapter,  it  shall  be  presumed 
in  the  absence  of  substantial  evidence  to  the  contrary 

1.  That  the  claim  comes  within  the  provisions  of  this  chapter ; 

2.  That  sufficient  notice  thereof  was  given ; 

3.  That  the  injury  was  not  occasioned  by  the  willful  intention  of 
the  injured  employee  to  bring  about  the  injury  or  death  of  himself 
or  of  another  ;  * 

4.  That  the  injury  did  not  result  solely  from  the  intoxication  of 
the  injured  employee  while  on  duty. 

Sec.  22.  Modification  of  award.  Upon  its  own  motion  or  upon 
the  application  of  any  party  in  interest,  on  the  ground  of  a  change 
in   conditions,   the  commission    may   at   any   time   review   any    award, 

21 


and,  on  such  review,  may  make  an  award  ending,  diminishing  or 
increasing  the  compensation  previouslj-  awarded,  subject  to  the  maxi- 
mum or  minimum  provided  in  this  chapter,  and  shall  state  its  con- 
clusions of  fact  and  rulings  of  law,  and  shall  immediately  send  to 
the  parties  a  copy  of  the  award.  No  such  review  shall  affect  such 
award  as  regards  any  moneys  already  paid. 

Sec.  23.  Appeals  from  the  commission.  An  award  or  decision  of 
the  commission  shall  be  final  and  conclusive  upon  all  questions  within 
its  jurisdiction,  as  against  the  state  fund  or  between  the  parties, 
unless  within  thirty  days  after  a  copy  of  such  award  or  decision  has 
been  sent  to  the  parties,  an  appeal  be  taken  to  the  appellate  division 
of  the  supreme  court  of  the  third  department.  The  commission  may 
also,  in  its  discretion,  where  the  claim  for  compensation  was  not 
made  against  the  state  fund,  on  the  application  of  either  party,  certify 
to  such  appellate  division  of  the  supreme  court,  questions  of  law 
involved  in  its  decision.  Such  appeals  and  the  questions  so  certified 
shall  be  heard  in  a  summary  manner  and  shall  have  precedence  over 
all  other  civil  cases  in  such  court.  The  commission  shall  be  deemed 
a  party  to  every  such  appeal,  and  the  attorney-general,  without  extra 
compensation,  shall  represent  the  commission  thereon.  An  appeal 
may  also  be  taken  to  the  court  of  appeals  in  all  cases  where  such  an 
appeal  would  lie  from  a  decision  of  an  appellate  division,  in  the  same 
manner  and  subject  to  the  same  limitations  as  is  now  provided  in 
civil  actions.  Otherwise  such  appeals  shall  be  subject  to  the  law  and 
practice  applicable  to  appeals  in  civil  actions.  Upon  the  final  determ- 
ination of  such  an  appeal,  the  commission  shall  make  an  award  or 
decision  in  accordance  therewith. 

Sec.  24.  Costs  and  fees.  If  the  commission  or  the  court  before 
which  any  proceedings  for  compensation  or  concerning  an  award  of 
compensation  have  been  brought,  under  this  chapter,  determines  that 
such  proceedings  have  not  been  so  brought  upon  reasonable  ground, 
it  shall  assess  the  whole  cost  of  the  proceeding  upon  the  party  who  has 
so  brought  them.  Claims  for  legal  services  in  connection  with  any 
claim  arising  under  this  chapter,  and  claims  for  services  or  treatment 
rendered  or  supplies  furnished  pursuant  to  section  thirteen  of  this 
chapter,  shall  not  be  enforceable  unless  approved  by  the  commis- 
sion. If  so  approved,  such  claim  or  claims  shall  become  a  lien  upon 
the  compensation  awarded,  but  shall  be  paid  therefrom  only  in  the 
manner  fixed  by  the  commission. 

Sec.  25.  Compjensation,  how  payable.  Compensation  under  the 
provisions  of  this  chapter  shall  be  payable  periodically,  in  accord- 
ance with  the  method  of  payment  of  the  wages  of  the  employee  at 
the  time  of  his  injury  or  death,  and  shall  be  so  provided  for  in  any 

22 


award;  but  the  commission  may  determine  that  all  payments  or  pay- 
ments as  to  any  particular  group  may  be  made  monthly  or  at  any 
other  period,  as  it  may  deem  advisable.  The  commission,  whenever  it 
shall  so  deem  advisable,  may  commute  such  periodical  payments  to 
one  or  more  lump  sum  payments,  provided  the  same  shall  be  in  the 
interest  of  justice.  If  the  award  requires  payment  of  compensation 
otherwise  than  from  the  state  fund  all  payments  as  required  by  the 
award  shall  be  made  directly  to  the  commission  or  to  a  deputy  spe- 
cially authorized  to  receive  the  same,  and  disbursed  in  accordance 
with  its  award  to  the  persons  entitled  thereto.  And  employers  and 
insurance  companies  shall  for  such  purpose  be  permitted,  or  when 
necessary  to  protect  the  interest  of  the  beneficiary  may  be  required, 
to  make  deposits  to  secure  the  prompt  and  convenient  payment  of 
such  compensation. 

Sec.  26.  Enforcement  of  payment  in  default.  If  payment  of  com- 
pensation, or  an  installment  thereof,  due  under  the  terms  of  an 
award,  be  not  made  within  ten  days  after  the  same  is  due,  by  the 
employer  or  insurance  corporation  liable  therefor,  the  amount  of 
such  payment  shall  constitute  a  liquidated  claim  for  damages  against 
such  employer  or  insurance  corporation,  which  with  an  added  penalty 
of  fifty  per  centum  may  be  recovered  in  an  action  to  be  institute^ 
by  the  commission  in  the  name  of  the  people  of  the  state.  If  such 
default  be  made  In  the  payment  of  an  installment  of  compensation 
and  the  whole  amount  of  such  compensation  be  not  due,  the  com- 
mission may,  if  the  present  value  of  such  compensation  be  comput- 
able, declare  the  whole  amount  thereof  due,  and  recover  the  amount 
thereof  with  the  added  penalty  of  fiftj^  per  centum,  as  provided  by 
this  section.  Any  such  action  may  be  compromised  by  the  commis- 
sion or  may  be  prosecuted  to  final  judgment  as,  in  the .  discretion 
of  the  commission,  may  best  serve  the  interests  of  the  persons 
entitled  to  receive  the  compensation  or  the  benefits.  Compensation 
recovered  under  this  section  shall  be  disbursed  by  the  commission  to 
the  persons  entitled  thereto  in  accordance  with  the  award.  A  penalty 
recovered  pursuant  to  this  section  shall  be  paid  into  the  state  treas- 
ury, and  be  applicable  to  the  expenses  of  the  commission. 

Sec.  27.  Depositing  future  payments.  If  an  award  under  this 
chapter  requires  payment  of  compensation  by  an  employer  or  an 
insurance  corporation  in  periodical  payments,  and  the  nature  of  the 
injury  makes  it  possible  to  compute  the  present  value  of  all  future 
payments  with  due  regard  for  life  contingencies,  the  commission  may, 
in  its  discretion,  at  any  time,  compute  and  permit  or  require  to  be 
paid  into  the  state  fund  an  amount  equal  to  the  present  value  of  all 
unpaid  compensation  for  which  liability  exists,  in  trust ;  and  there- 
upon   such    employer    or    insurance    corporation    shall    be    discharged 

23 


from  any  further  liability  under  such  award  and  payment  of  the  same 
shall  be  assumed  by  the  state  fund. 

Sec.  28.  Limitation  of  right  to  compensation.  The  right  to  claim 
compensation  under  this  chapter  shall  be  forever  barred  unless  within 
one  year  after  the  injury,  or  if  death  result  therefrom,  within  one  year 
after  such  death,  a  claim  for  compensation  thereunder  shall  be  tiled 
with  the  commission. 

Sec.  29.  Subrogation  to  remedies  of  employee.  If  a  workman  en- 
titled to  compensation  under  this  chapter  be  injured  or  killed  by  the: 
negligence  or  wrong  of  another  not  in  the  same  employ,  such  injured 
workman,  or  in  case  of  death,  his  dependents,  shall,  before  any  suit 
or  claim  under  this  chapter,  elect  whether  to  take  compensation  under 
this  chapter  or  to  pursue  his  remedy  against  such  other.  Such  elec- 
tion shall  be  evidenced  in  such  manner  as  the  commission  may  by 
rule  or  regulation  prescribe.  If  he  elect  to  take  compensation  under 
this  chapter,  the  cause  of  action  against  such  other  shall  be  assigned 
to  the  state  for  the  benefit  of  the  state  insurance  fund,  if  compensa- 
tion be  payable  therefrom,  and  otherwise  to  the  person  or  association 
or  corporation  liable  for  the  payment  of  such  compensation,  and  if  he 
elect  to  proceed  against  such  other,  the  state  insurance  fund,  person 
or  association  or  corporation,  as  the  case  may  be,  shall  contribute  only 
the  deficiency,  if  any,  between  the  amount  of  the  recovery  against 
such  other  person  actually  collected,  and  the  compensation  provided 
or  estimated  by  this  chapter  for  such  case.  Such  a  cause  of  action 
assigned  to  the  state  may  be  prosecuted  or  conit)romised  by  the  com- 
mission. A  compromise  of  any  such  cause  of  action  by  the  workman 
or  his  dependents  at  an  amount  less  than  the  compensation  provided 
for  by  this  chapter  shall  be  made  only  with  the  written  approval  of 
the  commission.  If  the  deficiency  of  compensation  would  be  payable  from 
the  state  insurance  fund,  and  otherwise  with  the  written  approval  of 
the  person,  association  or  corporation  liable  to  pay  the  same. 

Sec.  30.  Revenues  or  benefits  from  other  sources  not  to  affect  com- 
pensation. No  benefits,  savings  or  insurance  of  the  injured  employee. 
Independent  of  the  provisions  of  this  chapter,  shall  be  considered  in 
determining  the  compensation  or  benefits  to  be  paid  under  this  chapter. 

Sec.  31.  Agreement  for  contribution  by  employee  void.  No  agree- 
ment by  an  employee  to  pay  any  portion  of  the  premium  paid  by  his 
employer  to  the  state  insurance  fund  or  to  contribute  to  a  benefit  fund 
or  department  maintained  by  such  employer  or  to  the  cost  of  mutual 
insurance  or  other  insurance,  maintained  for  or  carried  for  the  purpose 
of  providing  compensation  as  herein  required,  shall  be  valid,  and  any 

24 


employer  who  makes  a  deduction  for  such  purpose  from  the  wages  or 
salary  of  any  employee  entitled  to  the  benefits  of  this  chapter  shall 
be  guilty  of  a  misdemeanor. 

Sec.  32.  Waiver  agreements  void.  No  agreement  by  an  employee 
to  waive  his  right  to  compensation  under  this  chapter  shall  be  valid. 

Sec.  33.  Assignments ;  exemptions.  Claims  for  compensation  or 
benefits  due  under  this  chapter  shall  not  be  assigned,  released  or  com- 
muted except  as  provided  by  this  chapter,  and  shall  be  exempt  from 
all  claims  of  creditors  and  from  levy,  execution  and  attachment  or 
other  remedy  for  recovery  or  collection  of  a  debt,  which  exemption 
may  not  be  waived.  Compensation  and  benefits  shall  be  paid  only  to 
employees  or  their  dependents. 

Sec.  34.  Preferences.  The  right  of  compensation  granted  by  this 
chapter  shall  have  the  same  preference  or  lien  without  limit  of  amount 
against  the  assets  of  the  employer  as  is  now  or  hereafter  may  be  al- 
lowed by  law  for  a  claim  for  unpaid  wages  for  labor. 

ARTICLE  3. 

Security  for  Compensation-. 

Sec.  50.  Security   for   payment  of   compensation. 

51.  Posting  of  notice  regarding  compensation. 

52.  Effect  of  failure  to  secure  compensation. 

53.  Release  from  all  liability. 

54.  The  insurance  contract. 

Sec.  50.  Security  for  payment  of  compensation.  An  employer  shall 
secure  compensation  to  his  employees  in  one  of  the  following  ways : 

1.  By.  insuring  and  keeping  insured  the  payment  of  such  compen- 
sation in  the  state  fund,  or 

2.  By  insuring  and  keeping  insured  the  payment  of  such  compen- 
sation with  any  stock  corporation  or  mutual  association  authorized  to 
transact  the  business  of  workmen's  compensation  insurance  in  this 
state.  If  insurance  be  so  effected  in  such  a  corporation  or  mutual 
association  the  employer  shall  forthwith  file  with  the  commission,  in 
form  prescribed  by  it,  a  notice  specifying  the  name  of  such  insurance 
corporation  or  mutual  association  together  with  a  copy  of  the  contract 
or  policy  of  insurance. 

3.  By  furnishing  satisfactory  proof  to  the  commission  of  his  finan- 
cial ability  to  pay  such  compensation  for  himself,  in  which  ease  the 
commission  may,  in  its  discretion,  require  the  deposit  with  the  com- 
mission of  securities  of  the  kind  prescribed  in  section  thirteen  of  the 

25 


insurance  \a\r,  in  an  amount  to  be  determined  by  the  commission,  to 
secure  his  liability  to  pay  the  compensation  provided  in  this  chapter. 

If  an  employer  fail  to  comply  with  this  section,  he  shall  be  liable 
to  a  penalty  for  every  day  during  which  such  failure  continues  of 
one  dollar  for  every  employee,  to  be  recovered  in  an  action  brought 
by  the  commission. 

The  commission  may,  in  its  discretion,  for  good  cause  shown,  remit 
any  such  penalty,  provided  the  employer  in  default  secure  compensa- 
tion as  provided  in  this  section. 

Sec.  51.  Posting  of  notice  regarding  compensation.  Every  em- 
ployer who  has  complied  with  section  fifty  of  this  chapter  shall  post  and 
maintain  in  a  conspicuous  place  or  places  in  and  about  his  place  or 
places  of  business  typewritten  or  printed  notices  in  form  prescribed  by 
the  commission,  stating  the  fact  that  he  has  complied  with  all  the  rules 
and  regulations  of  the  commission  and  that  he  has  secured  the  pay- 
ment of  compensation  to  his  employees  and  their  dependents  in  accord- 
ance with  the  provisions  of  this  chapter. 

Sec.  52.  Effect  of  failure  to  secure  compensation.  Failure  to  se- 
cure the  payment  of  compensation  shall  have  the  effect  of  enabling 
the  injured  employee  or  his  dependents  to  maintain  an  action  for 
damages  in  the  courts,  as  prescribed  by  section  eleven  of  this  chapter. 

Sec.  53.  Release  from  all  liability.  An  employer  securing  the  pay- 
ment of  compensation  by  contributing  premiums  to  the  state  fund  shall 
thereby  become  relieved  from  all  liability  for  personal  injuries  or 
death  sustained  by  his  employees,  and  the  persons  entitled  to  compen- 
sation under  this  chapter  shall  have  recourse  therefor  only  to  the  state 
fund  and  not  to  the  employer.  An  employer  shall  not  otherwise  be 
relieved  from  the  liability  for  compensation  prescribed  by  this  chapter 
except  by  the  payment  thereof  by  himself  or  his  insurance  carrier. 

Sec.  54.  The  insurance  contract.  1.  Right  of  recourse  to  the  in- 
surance carrier.  Every  policy  of  insurance  covering  the  liability  of 
the  employer  for  compensation  issued  by  a  stock  company  or  by  a 
mutual  association  authorized  to  transact  workmen's  compensation 
insurance  in  this  state  shall  contain  a  provision  setting  forth  the 
right  of  the  commission  to  enforce  in  the  name  of  the  people  of  the 
state  of  New  York  for  the  benefit  of  the  person  entitled  to  the  com- 
pensation insured  by  the  policy  either  by  filing  a  separate  application 
or  by  making  the  insurance  carrier  a  party  to  the  original  application, 
the  liability  of  the  insurance  carrier  in  whole  or  in  part  for  the  pay- 
ment of  such  compensation ;  provided,  however,  that  payment  in  whole 
or  in  part  of  such  compensation  by  either  the  employer  or  the  insur- 
ance carrier  shall  to  the  extent  thereof  be  a  bar  to  the  recovery  against 
the  other  of  the  amount  so  paid. 

26 


2.  Knowledge  and  jurisdiction  of  the  employer  extended  to  cover 
the  insurance  carrier.  Every  such  policy  shall  contain  a  provision 
that,  as  between  the  employee  and  the  insurance  carrier,  the  notice 
to  or  knowledge  of  the  occurrence  of  the  injury  on  the  part  of  the 
employer  shall  be  deemed  notice  or  knowledge,  as  the  case  may  be, 
on  the  part  of  the  insurance  carrier;  that  jurisdiction  of  the  employer 
shall,  for  the  purpose  of  this  chapter,  be  jurisdiction  of  the  insurance 
carrier  and  that  the  insurance  carrier  shall  in  all  things  be  bound  by 
and  subject  to  the  orders,  findings,  decisions  or  awards  rendered 
against  the  employer  for  the  payment  of  compensation  under  the 
provisions  of  this  chapter. 

3.  Insolvency  of  employer  does  not  release  the  insurance  carrier. 
Every  such  policy  shall  contain  a  provision  to  the  effect  that  the  in- 
solvency or  bankruptcy  of  the  employer  shall  not  relieve  the  insur- 
ance carrier  from  the  payment  of  compensation  for  injuries  or  death 
sustained  by  an  employee  during  the  life  of  such  policy. 

4.  Limitation  of  indemnity  agreements.  Every  contract  or  agree- 
ment of  an  employer  the  purpose  of  which  is  to  indemnify  him  from 
loss  or  damage  on  account  of  the  injury  of  an  employee  by  accidental 
means,  or  on  account  of  the  negligence  of  such  employer  or  his  officer, 
agent  or  servant,  shall  be  absolutely  void  unless  it  shall  also  cover  lia- 
bility for  the  payment  of  the  compensation  provided  for  by  this  chapter. 

5.  Cancellation  of  insurance  contracts.  No  contract  of  insurance 
issued  by  a  stock  company  or  mutual  association  against  liability 
arising  under  this  chapter  shall  be  cancelled  within  the  time  limited 
in  such  contract  for  its  expiration  until  at  least  ten  days  after  notice 
of  intention  to  cancel  such  contract,  on  a  date  specified  in  such  notice, 
shall  be  filed  in  the  office  of  the  commission  and  also  served  on  the 
employer.  Such  notice  shall  be  served  on  the  employer  by  delivering 
it  to  him  or  by  sending  it  by  mail,  by  registered  letter,  addressed  to 
the  employer  at  his  or  its  last  known  place  of  residence;  provided  that, 
if  the  employer  be  a  partnership,  then  such  notice  may  be  so  given 
to  any  one  of  the  partners,  and  if  the  employer  be  a  corporation,  then 
the  notice  may  be  given  to  any  agent  or  officer  of  the  corporation  upon 
whom  legal  process  may  be  served. 

ARTICLE  4. 

State  Workmen's  Compensation  Commission. 
Sec.  60.     State  workmen's  compensation  commission. 

61.  Secretary,   deputies   and  other   employees. 

62.  Salaries  and  expenses. 

27 


63.  Office. 

64.  Sessions   of   commission. 

65.  Powers   oi'    individual   commissioners   and   deputy   commis- 

sioners. 

66.  Powers  and  duties  of  secretary. 

67.  Rules. 

68.  Technical  rules  of  evidence  or  procedure  not  required. 

69.  Issue  of  subpoena  ;  penalty  for  failure  to  obey. 

70.  Recalcitrant  witnesses  punishable  as  for  contempt. 

71.  Fees  and  mileage  of  witnesses. 

72.  Depositions. 

73.  Transcript  of   stenographer's  minutes ;   effect  as   evidence. 

74.  Jurisdiction  of  commission  to  be  continuing. 

75.  Report  of  commission. 

76.  Commission  to  furnish  blank  forms. 

Sec.  60.  State  workmen's  compensation  commission.  A  state  work- 
men's compensation  commission  is  hereby  created,  consisting  of  five 
commissioners,  to  be  appointed  by  the  governor,  by  and  with  the  ad- 
vice and  consent  of  the  senate,  one  of  whom  shall  be  designated  by 
the  governor  as  chairman.  The  commissioner  of  labor  shall  also  be  an 
ex  officio  member  of  the  commission  but  shall  not  have  a  vote  on 
orders,  decisions  or  awards.  Appointments  may  be  made  during  the 
recess  of  the  senate,  but  shall  be  subject  to  confirmation  by  the  senate 
at  the  next  ensuing  session  of  the  legislature.  The  term  of  office  of 
appointive  members  of  the  commission  shall  be  five  years,  except  that 
the  first  members  thereof  shall  be  appointed  for  such  terms  that  the 
term  of  one  member  shall  expire  on  January  first,  nineteen  hundred 
and  sixteen,  and  on  January  first  of  every  succeeding  year.  Suc- 
cessors shall  be  appointed  in  like  manner  for  a  full  term  of  five  years. 
Vacancies  shall  be  filled  in  like  manner  by  appointment  for  the  unex- 
pired term.  Each  appointive  member  of  the  commission  shall  before 
entering  upon  the  duties  of  his  office  execute  an  official  undertaking  in 
the  sum  of  fifty  thousand  dollars  to  be  approved  by  the  comptroller 
and  filed  in  his  office.  The  governor  may  remove  any  appointive  com- 
missioner for  inefficiency,  neglect  of  duty  or  misconduct  in  office,  giving 
him  a  copy  of  the  charges  and  an  opportunity  of  being  publicly  heard 
in  person  or  by  counsel,  upon  not  less  than  ten  days'  notice.  If  such 
a  commissioner  be  removed,  the  governor  shall  file  in  the  office  of 
the  secretary  of  state  a  complete  statement  of  all  charges  made  against 

28 


him  and  a  complete  record  of  his  proceedings  and  his  findings  thereon. 
Each  appointive  commissioner  shall  devote  his  entire  time  to  the 
duties  of  his  office,  and  shall  not  hold  any  position  of  trust  or  profit, 
or  engage  in  any  occupation  or  business  interfering  or  inconsistent 
with  his  duties  as  such  commissioner,  or  serve  on  or  under  any  com- 
mittee of  a  political  party.  The  commission  shall  have  an  official  seal 
which  shall  be  judicially  noticed. 

Sec.  61.  Secretary,  deputies  and  othet  employees.  The  commis- 
sion may  appoint  one  or  more  deputy  commissioners  and  a  secretary 
to  hold  office  during  its  pleasure.  It  may  also  employ,  during  its 
pleasure,  an  actuary,  accountants,  medical  doctors,  clerks,  stenogra- 
phers, inspectors  and  other  employees  as  may  be  needed  to  carry  out 
the  provisions  of  this  chapter.  The  authority,  duties  and  compensa- 
tion of  all  subordinates  and  employees,  except  as  provided  by  this 
chapter,  shall  be  fixed  by  the  commission. 

Sec.  62.  Salaries  and  expenses.  The  chairman  of  the  commission 
shall  receive  an  annual  salary  of  ten  thousand  dollars,  and  each  other 
commissioner,  an  annual  salary  of  seven  thousand  dollars.  The  secre- 
tary shall  receive  an  annual  salary  of  five  thousand  dollars.  The  com- 
missioners and  their  subordinates  shall  be  entitled  to  their  actual 
and  necessary  expenses  while  traveling  on  the  business  of  the  com- 
mission. The  commission  may  also  make  the  necessary  expenditure  to 
obtain  statistical  and  other  information  to  establish  classifications  of 
employments  with  respect  to  hazards  and  risks.  The  salaries  and 
compensation  of  the  subordinates  and  all  other  expenses  of  the  com- 
mission, including  the  premiums  to  be  paid  by  the  state  treasurer  for 
the  bond  to  be  furnished  by  him,  shall  be  paid  out  of  the  state  treas- 
ury upon  vouchers  signed  by  at  least  two  commissioners. 

Sec.  63.  Office.  The  commission  shall  keep  and  maintain  its  princi- 
pal office  in  the  city  of  Albany,  in  rooms  In  the  capitol  assigned  by  the 
trustees  of  public  buildings.  The  office  shall  be  supplied  with  neces- 
sary office  furniture,  supplies,  books,  maps,  stationery,  telephone  con- 
nections and  other  necessary  appliances,  at  the  expense  of  the  state, 
payable  in  the  same  manner  as  other  expenses  of  the  commission. 

Sec.  64.  Sessions  of  commission.  The  commission  shall  be  in  con- 
tinuous session  and  open  for  the  transaction  of  business  during  all 
business  hours  of  every  day  excepting  Sundays  and  legal  holidays. 
All  sessions  shall  be  open  to  the  public  and  may  be  adjourned,  upon 
entry  thereof  in  its  records,  without  further  notice.  Whenever  con- 
venience of  parties  will  be  promoted  or  delay  and  expense  prevented, 
the  commission  may  hold  sessions  in  cities  other  than  the  city  of 
Albany.  A  party  may  appear  before  such  commission  and  be  heard 
in  person  or  by  attorney,    Every  vote  and  official  act  of  the  commis- 

29 


sion  shall  be  entered  of  record,  and  the  records  shall  contain  a  record 
of  each  case  considered,  and  the  award,  decision  or  order  made  with 
respect  thereto,  and  all  voting  shall  be  by  the  calling  of  each  com- 
missioner's name  by  the  secretary  and  each  vote  shall  be  recorded  as 
cast.  A  majority  of  the  commission  shall  constitute  a  quorum.  A 
vacancy  shall  not  impair  the  right  of  the  remaining  commissioners  to 
exercise  all  the  powers  of  the  full  commission  so  long  as  a  majority 
remains. 

Sec.  65.  Powers  of  individual  commissioners  and  deputy  commis- 
sioners. Any  investigation,  inquiry  or  hearing  which  the  commis- 
sion is  authorized  to  hold  or  undertake  may  be  held  or  taken  by  or 
before  any  commissioner  or  deputy  commissioner,  and  the  award,  de- 
cision or  order  of  a  commissioner  or  deputy  commissioner,  w^hen 
approved  and  confirmed  by  the  commission  and  ordered  filed  in  its 
office,  shall  be  deemed  to  be  the  award,  decision  or  order  of  the  com- 
mission. Each  commissioner  and  deputy  shall,  for  the  purposes  of 
this  chapter,  have  power  to  administer  oaths,  certify  to  official  acts, 
take  depositions,  issue  subpoenas,  compel  the  attendance  of  witnesses 
and  the  production  of  books,  accounts,  papers,  records,  documents  and 
testimony.  The  commission  may  authorize  any  deputy  to  conduct  any 
such  investigation,  inquiry  or  hearing,  in  which  case  he  shall  have  the 
power  of  a  commissioner  in  respect  thereof. 

Sec.  66.  Powers  and  duties  of  secretary.  The  secretary  of  the 
commission  shall : 

1.  Maintain  a  full  and  true  record  of  all  proceedings  of  the  com- 
mission, of  all  documents  or  papers  ordered  filed  by  the  commission, 
of  decisions  or  orders  made  by  a  commissioner  or  deputy  commis- 
sioner, and  of  all  decisions  or  orders  made  by  the  commission  or  ap- 
proved and  confirmed  by  it  and  ordered  filed,  and  he  shall  be  respon- 
sible to  the  commission  for  the  safe  custody  and  preservation  of  all 
such  documents  at  its  office; 

2.  Have  power  to  administer  oaths  In  all  parts  of  the  state,  so  far 
as  the  exercise  of  such  power  is  properly  incident  to  the  performance 
of  his  duty  or  that  of  the  commission ; 

3.  Designate,  from  time  to  time,  with  the  approval  of  the  com- 
mission, one  of  the  clerks  appointed  by  the  commission  to  exercise  the 
powers  and  duties  of  the  secretary  during  his  absence; 

4.  Under  the  direction  of  the  commission,  have  general  charge  of 
its  office,  superintend  its  clerical  business,  and  perform  such  other 
duties  as  the  commission  may  prescribe. 

Sec.  67.  Rules.  The  commission  shall  adopt  reasonable  rules,  not 
inconsistent  with  this  chapter,  regulating  and  providing  for 

30 


1.  The  kind  and  character  of  notices,  and  the  service  thereof,  in 
case  of  accident  and  injury  to  employees; 

2.  The  nature  and  extent  of  the  proofs  and  evidence,  and  the 
method  of  taking  and  furnishing  the  same,  to  establish  the  right  to 
compensation ; 

3.  The  forms  of  application  for  those  claiming  to  be  entitled  to 
compensation ; 

4.  The  method  of  making  investigations,  physical  examinations  and 
inspections ; 

5.  The  time  within  which  adjudications  and  awards  shall  be 
made; 

6.  The  conduct  of  hearings,   investigations   and  inquiries ; 

7.  The  giving  of  undertakings  by  all  subordinates  who  are  em- 
powered to  receive  and  disburse  moneys,  to  be  approved  by  the  attor- 
ney-general as  to  form  and  by  the  comptroller  as  to  sufficiency ; 

8.  Carrying  into  effect  the  provisions  of  this  chapter ; 

9.  The  collection,  maintenance  and  disbursement  of  the  state  in- 
surance  fund. 

Sec.  68.  Technical  rules  of  evidence  of  procedure  not  required. 
The  commission  or  a  commissioner  or  deputy  commissioner  in  making 
an  investigation  or  inquiry  or  conducting  a  hearing  shall  not  be  bound 
by  common  law  or  statutory  rules  of  evidence  or  by  technical  or  formal 
rules  of  procedure,  except  as  provided  by  this  chapter ;  but  may  make 
such  investigation  or  inquiry  or  conduct  such  hearing  in  such  manner 
as  to  ascertain  the  substantial  rights  of  the  parties. 

Sec.  69.  Issue  of  subpoena ;  penalty  for  failure  to  obey.  A  sub- 
poena shall  be  signed  and  Issued  by  a  commissioner,  a  deputy  com- 
missioner or  by  the  secretary  of  the  commission  and  may  be  served  by 
any  person  of  full  age  in  the  same  manner  as  a  subpoena  issued  out 
of  a  court  of  record.  If  a  person  fail,  without  reasonable  cause,  to 
attend  in  obedience  to  a  subpoena,  or  to  be  sworn  or  examined  or 
answer  a  question  or  produce  a  book  or  paper,  or  to  subscribe  and 
swear  to  his  deposition  after  it  has  been  correctly  reduced  to  writing, 
he   shall   be   guilty   of   a   misdemeanor. 

Sec.  70.  Recalcitrant  witnesses  punishable  as  for  contempt.  If  a 
person  in  attendance  before  the  commission  or  a  commissioner  or 
deputy  commissioner  refuses,  without  reasonable  cause,  to  be  examined, 
or  to  answer  a  legal  and  pertinent  question  or  to  produce  a  book  or 
paper,  when  ordered  so  to  do  by  the  commission  or  a  commissioner 
or  deputy  commissioner,  the  commission  may  apply  to  a  justice  of  the 

31 


supreme  court  upon  proof  by  affidavit  of  the  facts  for  an  order  re- 
turnable in  not  less  than  two  nor  more  than  five  days  directing  such 
person  to  show  cause  before  the  justice  who  made  the  order,  or  any 
other  justice  of  the  supreme  court,  why  he  should  not  be  committed 
to  jail.  Upon  the  return  of  such  order  the  justice  shall  examine 
under  oath  such  person  and  give  him  an  opportunity  to  be  heard;  and 
if  the  justice  determine  that  he  has  refused  without  reasonable  cause 
or  legal  excuse  to  be  examined  or  to  answer  a  legal  and  pertinent 
question,  or  to  produce  a  book  or  paper  which  he  was  ordered  to  bring, 
he  may  forthwith,  by  warrant,  commit  the  offender  to  jail,  there  to 
remain  until  he  submits  to  do  the  act  which  he  was  so  required  to  do 
or  is  discharged  according  to  law. 

Sec.  71.  Fees  and  mileage  of  witnesses.  Each  witness  who  appears 
in  obedience  to  a  subpoena  before  the  commission  or  a  commissioner 
or  deputy  commissioner,  or  person  employed  by  the  commission  to 
■obtain  the  required  information,  shall  receive  for  his  attendance  the 
fees  and  mileage  provided  for  witnesses  in  civil  cases  in  the  supreme 
court,  whch  shall  be  audited  and  paid  from  the  state  treasury  in  the 
:same  manner  as  other  expenses  of  the  commission.  A  witness  sub- 
poenaed at  the  instance  of  a  party  other  than  the  commission,  a  com- 
missioner, deputy  commissioner  or  person  acting  under  the  authority 
'Of  the  commission  shall  be  entitled  to  fees  or  compensation  from  the 
state  treasury,  if  the  commission  certify  that  his  testimony  was  ma- 
terial to  the  matter  investigated,  but  not  otherwise. 

Sec.  72.  Depositions.  The  commission  may  cause  depositions  of 
witnesses  residing  within  or  without  the  state  to  be  taken  in  the 
manner  prescribed  by  law  for  like  depositions  in  civil  actions  in  the 
supreme  court.   . 

Sec.  73.  Transcript  of  stenographer's  minutes;  effect  as  evidence, 
A  transcribed  copy  of  the  testimony,  evidence  and  procedure  or  of  .a 
specific  part  thereof,  or  of  the  testimony  of  a  particular  witness  or  of 
a  specific  part  thereof,  on  any  investigation,  by  a  stenographer  ap- 
pointed by  the  commission,  being  certified  by  such  stenographer  to  be 
a  true  and  correct  transcript  thereof  and  to  have  been  carefully  com- 
pared by  him  with  his  original  notes,  may  be  received  in  evidence  by 
the  commission  with  the  same  effect  as  if  such  stenographer  were 
present  and  testified  to  the  facts  so  certified,  and  a  copy  of  such 
transcript  shall  be  furnished  on  demand  to  any  party  upon  payment 
of  the  fee  provided  for  a  transcript  of  similar  minutes  in  the  supreme 
court. 

Sec.  74.  Jurisdiction  of  commission  to  be  continuing.  The  power 
and    jurisdiction    of    the    commission    over    each    case    shall    be    con- 

32 


tinning,  and  it  may,  from  time  to  time,  make  such  modificatiou  or 
change  with  respect  to  former  findings  or  orders  relating  thereto,  as 
in  its  opinion  may  be  just. 

Sec.  75.  Report  of  commission.  Annually  on  or  before  the  first 
day  of  Februarj%  the  commission  shall  make  a  report  to  the  legisla- 
ture, which  shall  include  a  statement  of  the  number  of  awards  made 
by  it  and  the  causes  of  the  accidents  leading  to  the  injuries  for  which 
the  awards  were  made,  a  detailed  statement  of  the  expenses  of  the 
commission,  the  condition  of  the  state  insurance  fund,  together  with 
any  other  matter  which  the  commission  deems  proper  to  report  to 
the  legislature,  including  any  recommendations  it  may  desire  to  make. 

Sec.  76.  Commission  to  furnish  blank  forms.  The  commission  shall 
prepare  and  cause  to  be  distributed  so  that  the  same  may  be  readily 
available  blank  forms  of  application  for  compensation,  notice  to  em- 
ployers, proofs  of  injury  or  death,  of  medical  or  other  attendance  or 
treatment,  of  employment  and  wage  earnings,  and  for  such  other  pur- 
poses as  may  be  required.  Insured  employers  shall  constantly  keep 
on  hand  a  sufficient  supply  of  such  blanks. 

« 

ARTICLE  5. 
State  Insurance  Fund. 
Sec.  90.     Creation  of  state  fund. 

91.  State  treasurer  custodian  of  fund. 

92.  Surplus  and  reserve. 

9.3,  Investment  of  surplus  or  reserve. 

94.  Administration  expense. 

95.  Classification  of  risks  and  adjustment  of  premiums. 

96.  Associations  for  accident  prevention. 

97.  Requirements    in    classifying    employment    and    fixing    and 

adjusting  premium  rates. 

98.  Time  of  payment  of  premiums. 

99.  Action  for  collection  in  case  of  default. 

100.  Withdrawal  from  fund. 

101.  Audit  of  payrolls. 

102.  Falsification  of  payroll. 

103.  Wilful  misrepresentation. 

104.  Inspections. 

105.  Disclosures   prohibited. 

33 


Sec.  90.  Creation  of  state  fund.  There  is  hereby  created  a  fund 
to  be  known  as  "The  State  Insurance  Fund,"  for  the  purpose  of  insur- 
ing emploj^ers  against  liability  under  this  chapter  and  of  assuring  to 
the  persons  entitled  thereto  the  compensation  provided  by  this  chap- 
ter. Such  fund  shall  consist  of  all  premiums  received  and  paid  into  the 
fund,  of  property  and  securities  acquired  by  and  through  the  use  of 
moneys  belonging  to  the  fund  and  of  interest  earned  upon  moneys  be- 
longing to  the  fund  and  deposited  or  invested  as  herein  provided. 
Such  fund  shall  be  administered  by  the  commission  without  liability 
on  the  part  of  the  state  beyond  the  amount  of  such  fund.  Such  fund 
shall  be  applicable  to  the  payment  of  losses  sustained  on  account  of  in- 
surance and  to  the  payment  of  expenses  in  the  manner  provided  in 
this  chapter. 

Sec.  91.  State  treasurer  custodian  of  fund.  The  state  treasurer 
shall  be  the  custodian  of  the  state  insurance  fund ;  and  all  disburse- 
ments therefrom  shall  be  paid  by  him  upon  vouchers  authorized  by  the 
commission  and  signed  by  any  two  members  thereof.  The  state  treas- 
urer shall  give  a  separate  and  additional  bond  in  an  amount  to  be 
fixed  by  the  governor  and  with  sureties  approved  by  the  state  comp- 
troller conditioned  for  the  faithful  performance  of  his  duty  as  cus- 
todian of  the  state  fund.  The  state  treasurer  may  deposit  any  portion 
of  the  state  fund  not  needed  for  immediate  use,  in  the  manner  and 
subject  to  all  the  provisions  of  law  respecting  the  deposit  of  other  state 
funds  by  him.  Interest  earned  by  such  portion  of  the  state  insurance 
fund  deposited  by  the  state  treasurer  shall  be  collected  by  him  and 
placed  to  the  credit  of  the  fund. 

Sec.  92.  Surplus  and  reserve.  Ten  per  centum  of  the  premiums 
collected  from  employers  Insured  in  the  fund  shall  be  set  aside  by  the 
commission  for  the  creation  of  a  surplus  until  such  surplus  shall 
amount  to  the  sum  of  one  hundred  thousand  dollars,  and  thereafter 
five  per  centum  of  such  premiums,  until  such  time  as  in  the  judg- 
ment of  the  commission  such  surplus  shall  be  sufficiently  large  to 
cover  the  catastrophe  hazard.  The  commission  shall  also  set  up  and 
maintain  a  reserve  adequate  to  meet  anticipated  losses  and  carry  all 
claims  and  policies  to  maturity. 

Sec.  93.  Investment  of  surplus  or  reserve.  The  commission  may, 
pursuant  to  a  resolution  of  the  commission  approved  by  the  comp- 
troller, invest  any  of  the  surplus  or  reserve  funds  belonging  to  the 
state  insurance  fund  in  the  same  securities  and  investments  author- 
ized for  investment  by  savings  banks.  All  such  securities  or  evidences 
of  indebtedness  shall  be  placed  in  the  hands  of  the  state  treasurer  who 
shall  be  the  custodian  thereof.  He  shall  collect  the  principal  and 
interest  thereof,  when  due,  and  pay  the  same  into  the  state  insurance 

34 


fund  The  state  treasurer  shall  pay  all  vouchers  drawn  on  the  state 
insurance  fund  for  the  making  of  such  investments  when  signed  by 
two  members  of  the  commission,  upon  delivery  of  such  securities  or 
evidences  of  indebtedness  to  him,  when  there  is  attached  to  such  vouch- 
ers a  certified  copy  of  the  resolution  of  the  commission  authorizing  the 
investment.  The  commission  may,  upon  like  resolution  approved  by 
the  comptroller,  sell  any  of  such  securities. 

Sec   94     Administration    expense.      The    entire    expense    of    admin- 
istering the  state  insurance  fund  shall  be  paid  in  the  first  instance  by 
the   state,    out    of    moneys    appropriated    therefor.      In    the    month    of 
January    nineteen   hundred   and   eighteen,   and   annually   thereafter   in 
such  month,  the  commission  shall  ascertain  the  just  amount  incurred 
by    the   commission    during    the   preceding   calendar   year,    in    the    ad- 
ministration of  the  state  insurance  fund  exclusive  of  the  expense  for 
the  examination,   determination  and  payment  of  claims,  and  shall  re- 
fund such  amount  to  the  state  treasury.     If  there  be  employees  of  the 
commission   other    than   the   commissioners   themselves   and   the    secre- 
tarv   whose   time  is  devoted  partly   to   the  general  work  of   the   com- 
mission and  partly   to  the  work  of  the  state  insurance  fund,    and  m 
case   there   is   other   expense   which    is   incurred   jointly   on   behalf    of 
the  general  work  of  the  commission  and  the  state  insurance  fund,  an 
equitable  apportionment  of  the  expense  shall  be  made  for  such  purpose 
and  the  part  thereof  which  is  applicable  to  the  state  insurance  fund 
shall   be  chargeable   thereto.     As  soon   as   practicable   after   December 
thirtv-one    nineteen   hundred   and  seventeen,   and   annually   thereafter, 
the   Commission   shall    calculate   the   total    administrative   expense    in- 
curred   during    the    preceding    calendar    year    in    connection    with    the 
examination,  determination  and  payment  of  claims  and  the  percentage 
which   this    expense   bore    to    the   total   compensation    payments    made 
during  that  year.     The  percentage  so  calculated  and  determined  shall 
be  assessed  against  the  insurance  carriers  including  the  state  fund  as 
an  addition  to  the  payments  required  from  them  in  the  settlement  of 
claims    during   the   year    immediately    following,    and   the    amounts    so 
secured  shall  be  transferred  to  the  state  treasury  to  reimburse  it  for 
this  portion  of  the  expense  of  administering  this  chapter. 

Sec  95  Classification  of  risks  and  adjustment  of  premiums.  Em- 
plovments  coming  under  the  provisions  of  this  chapter  shall  be  divided 
for  the  purposes  of  the  state  fund,  into  the  groups  set  forth  in  section 
two  of  this  chapter.  Separate  accounts  shall  be  kept  of  the  amounts 
collected  and  expended  in  respect  to  each  such  group  for  convenience 
in  determining  equitable  rates ;  but  for  the  purpose  of  paying  compen- 
sation the  state  fund  shall  be  deemed  one  and  indivisible.  The  com- 
mission shall  have  power  to  rearrange  any  of  the  groups  set  forth 
in   section  two  by   withdrawing   any   employment   embraced   in   it   and 


85 


transferring  it  wholly  or  in  part  to  any  other  group,  and  from  such 
employments  to  set  up  new  groups  at  its  discretion.  The  commission 
shall  determine  the  hazards  of  the  different  classes  composing  each 
group  and  fix  the  rates  of  premiums  therefor  based  upon  the  total 
payroll  and  number  of  employees  in  each  of  such  classes  of  employ- 
ment at  the  lowest  possible  rate  consistent  with  the  maintenance  of  a 
solvent  state  insurance  fund  and  the  creation  of  a  reasonable  surplus 
and  reserve ;  and  for  such  purpose  may  adopt  a  system  of  schedule 
rating  in  such  a  manner  as  to  take  account  of  the  peculiar  hazard  of 
each  individual  risk. 

Sec.  9G.  Associations  for  accident  prevention.  The  employers  in 
any  of  the  groups  described  in  section  two  or  established  by  the  com- 
mission may  with  the  approval  of  the  commission  form  themselves 
into  an  association  for  accident  prevention,  and  may  make  rules  for 
that  purpose.  If  the  commission  is  of  the  opinion  that  an  association 
so  formed  sufficiently  represents  the  employers  in  such  group,  it  may 
approve  such  rules,  and  when  so  approved  and  approved  by  the  indus- 
trial board  of  the  labor  department  they  shall  be  binding  on  all  em- 
ployers in  such  group.  If  such  an  approved  association  appoint  an  in- 
spector or  expert  for  the  purpose  of  accident  prevention,  the  commission 
may  at  its  discretion  provide  in  whole  or  in  part  for  the  payment  of  the 
remuneration  and  expenses  of  such  inspector  or  expert,  such  payment  to 
be  charged  in  the  accounting  to  such  group.  Every  such  approved  asso- 
ciation may  make  recommendations  to  the  commission  concerning  the 
fixing  of  premiums  for  classes  of  hazards,  and  for  individual  risks 
within  such  group. 

Sec.  97.  Requirements  in  classifying  employment  and  fixing  and 
adjusting  premium  rates.  The  following  requirements  shall  be  observed 
in  classifying  employments  and  fixing  and  adjusting  premium  rates : 

1.  The  commission  shall  keep  an  accurate  account  of  the  money 
paid  in  premiums  by  each  of  the  several  classes  of  employments  or 
industries,  and  the  disbursements  on  account  of  injuries  and  deaths  of 
employees  thereof,  including  the  setting  up  of  reserves  adequate  to  meet 
anticipated  losses  and  to  carry  the  claims  to  maturity,  and  also,  on 
account  of  the  money  received  from  each  individual  employer  and  the 
amount  disbursed  from  the  state  insurance  fund  on  account  of  injuries 
and  death  of  the  employees  of  such  employer,  including  the  reserves 
so  set  up ; 

2.  On  January  first,  nineteen  hundred  and  fifteen,  and  every  fifth 
year  thereafter,  and  at  such  other  times  as  the  commission,  in  its  dis- 
cretion, may  determine,  a  readjustment  of  the  rate  shall  be  made  for 
each  of  the  several  groups  of  employment  or  industries  and  of  each 
hazard  class  therein,  which,  in  the  judgment  of  the  commission,  shall 

36 


have  developed  an  average  loss  ratio,  lu  accordance  with  the  experi- 
ence of  the  commission  in  the  administration  of  the  law  as  shown  by 
the  accounts  kept  as  provided  herein ; 

3.  If  any  such  accounting  show  an  ag.^n\u:ite  balance  (deemed 
by  the  commission  to  be  safely  and  properly  divisible*)  remaining 
to  the  credit  of  any  class  of  employment  or  industry,  after  the  amount 
required  shall  have  been  credited  to  the  surplus  and  reserve  funds 
and  after  the  payment  of  all  awards  for  injury  or  death  lawfully 
chargeable  against  the  same,  the  commission  may  in  its  discretion 
credit  to  each  Individual  member  of  such  group,  who  shall  have  been 
a  subscriber  to  the  state  insurance  fund  for  a  period  of  six  months 
or  more  prior  to  the  time  of  such  readjustment,  and  whose  premium 
or  premiums  exceed  the  amount  of  the  disbursements  from  the  fund 
on  account  of  Injuries  or  death  of  his  employees  during  such  period, 
on  the  Instalment  or  instalments  of  premiums  next  due  from  him 
such  proportion  of  such  balance  as  the  amount  of  his  prior  paid 
premiums  sustains  to  the  whole  amount  of  such  premius  paid  by 
the  group  to  which  he  belongs  since  the  last  readjustment  of  rates ; 

4.  If  the  amount  of  premiums  collected  from  any  employer  at 
the  beginning  of  any  period  of  six  months  is  ascertained  and  cal- 
culated by  using  the  estimated  expenditure  of  wages  for  the  period 
of  time  covered  by  such  premium  payment  as  a  basis,  an  adjustment 
of  the  amount  of  such  premium  shall  be  made  at  the  end  of  such 
six  months,  and  the  actual  amount  of  such  premium  shall  be  de- 
termined in  accordance  with  the  amount  of  the  actual  expenditure 
of  wages  for  such  period ;  and,  if  such  wage  expenditure  for  such 
l^eriod  is  less  than  the  amount  on  which  such  estimated  premium  was 
collected,  such  employer  shall  be  entitled  to  receive  a  refund,  from 
the  state  insurance  fund  of  the  difference  between  the  amount  so 
paid  by  him  and  the  amount  so  found  to  be  actually  due,  or  to  have 
the  amount  of  such  difference  credited  on  succeeding  premium  pay- 
ments, at  his  option ;  and  if  such  actual  premium,  when  so  ascertained, 
exceeds  in  amount  a  premium  so  paid  by  such  employer  at  the  begin- 
ning of  such  six  months,  such  employer  shall  immediately  upon  being 
advised  of  the  true  amount  of  such  premium  due,  forthwith  pay  to  the 
treasurer  of  the  state  an  amount  equal  to  the  difference  between  the 
amount  actually  found  to  be  due  and  the  amount  paid  by  him  at  the 
beginning  of  such  six  months'  period. 

Sec.  98.  Time  of  payment  of  premiums.  Except  as  otherwise  pro- 
vided in  this  chapter,  all  premiums  shall  be  paid  by  every  employer 
into  the  state  insurance  fiind  on  or  before  July  first,  nineteen  hun- 
dred and  fourteen,  and  semi-annually  thereafter,  or  at  such  other 
time   or   times   as   may   be   prescribed   by   the   commission.     The   com- 


*Spelled  "devisible  "  in  certified  copy. 

37 


mission  shall  mail  a  receipt  for  the  same  to  the  employer  ancl  place 
the  same  to  the  credit  of  the  state  insurance  fund  in  the  custody  of 
the  state  treasurer. 

Sec.  99.  Action  for  collection  in  case  of  default.  If  an  employer 
shall  default  in  any  payment  required  to  be  made  by  him  to  the 
state  insurance  fund,  the  amount  due  from  him  shall  be  collected  by 
civil  action  against  him  in  the  name  of  the  people  of  the  state  of 
New  York,  and  it  shall  be  the  duty  of  the  commission  on  the  first 
Monday  of  each  month  after  July  first,  nineteen  hundred  and  four- 
teen, to  certify  to  the  attorney-general  of  the  state  the  names  and 
residences,  or  places  of  business,  of  all  employers  known  to  the  com- 
mission to  be  in  default  for  such  payment  or  payments  for  a  longer 
period  than  five  days  and  the  amount  due  from  such  employer,  and 
it  shall  then  be  the  duty  of  the  attorney-general  forthwith  to  bring 
or  cause  to  be  brought  against  each  such  employer  a  civil  action  in 
the  proper  court  for  the  collection  of  such  amount  so  due,  and  the 
same  when  collected,  shall  be  paid  into  the  state  insurance  fund,  and 
such  employer's  compliance  with  the  provisions  of  this  chapter  re- 
quiring payments  to  be  made  to  the  state  insurance  fund  shall  date 
from  the  time  of  the  payment  of  said  money  so  collected  as  aforesaid 
to  the  state  treasurer  for  credit  to  the  state  insurance  fund. 

Sec.  100.  Withdrawal  from  fund.  Any  employer  may,  upon  com- 
plying with  subdivision  two  or  three  of  section  fifty  of  this  chapter, 
withdraw  from  the  fund  by  turning  In  his  insurance  contract  for 
cancellation,  provided  he  is  not  in  arrears  for  premiums  due  the  fund 
and  has  given  to  the  commission  written  notice  of  his  intention  to 
withdraw  within  thirty  days  before  the  expiration  of  the  period  for 
which  he  has  elected  to  insure  in  the  fund;  provided  that  in  case 
any  employer  so  withdraws,  his  liability  to  assessments  shall,  not- 
withstanding such  withdrawal,  continue  for  one  year  after  the  date  of 
such  withdrawal  as  against  nil  liabilities  for  such  compensation  ac- 
cruing prior  to  such  withdrawal. 

Sec.  101.  Audit  of  payrolls.  Every  employer  who  is  insured  in 
the  state  insurance  fund  shall  keep  a  true  and  accurate  record  of  the 
number  of  his  employees  and  the  wages  paid  by  him,  and  shall  fur- 
nish to  the  commission,  upon  demand,  a  sworn  statement  of  the  same. 
Such  record  shall  be  open  to  inspection  at  any  time  and  as  often  as 
the  commission  shall  require  to  verify  the  number  of  employees  and 
the   amount  of  the  payroll. 

Sec.  102.  Falsification  of  payroll.  An  employer  who  shall  wilfully 
misrepresent  the  amount  of  the  payroll  upon  which  the  premiums 
chargeable  by  the  state  insurance  fund  is  to  be  based  shall  be  liable 
to  the  state  in  ten  times  the  amount  of   the  difference  between   the 

38 


premiums  paid  and  the  amount  the  employer  should  have  paid  had 
his  payroll  been  correctly  computed ;  and  the  liability  to  the  state 
under  this  section  shall  be  enforced  in  a  civil  action  in  the  name  of 
the  state  insurance  fund,  and  any  amount  so  collected  shall  become 
a  part  of  such  fund. 

Sec.  103.  Wilful  misrepresentation.  Any  person  who  wilfully  mis- 
represents any  fact  in  order  to  obtain  insurance  in  the  state  insur- 
ance fund  at  less  than  the  proper  rate  for  such  insurance,  or  in 
order  to  obtain  payment  out  of  such  fund,  shall  be  guilty  of  a  mis- 
demeanor. 

Sec.  104.  Inspections.  The  commission  shall  have  the  right  to  in- 
spect the  plants  and  establishments  of  employers  insured  in  the  state 
insurance  fund;  and  the  inspectors  designated  by  the  commission  shall 
have   free    access   to    such   premises   during   regular    working   hours. 

Sec.  105.  Disclosures  prohibited.  Information  acquired  by  the  com- 
mission or  its  officers  or  employees  from  employers  or  employees  pur- 
suant to  this  chapter  shall  not  be  opened  to  public  inspection,  and  any 
officer  or  employee  of  the  commission  who,  without  authority  of  the 
commission  or  pursuant  to  its  rules  or  as  otherwise  required  by  law 
shall  disclose  the  same  shall  be  guilty  of  a  misdemeanor. 

ARTICLE  6. 
Miscellaneous  Provisions. 
Section  110.     Penalties  applicable  to  expense  of  commission. 

111.  Record   and   report  of   injuries   by   employers. 

112.  Information  to  be  furnished  by  employer. 

113.  Inspection   of   records  of  employers. 

114.  Interstate  commerce. 

115.  Penalties  for  false  representations. 

116.  Limitation  of  time. 

117.  Duties  of  commissioner  of  labor. 

118.  Unconstitutional  provisions. 

119.  Actions  or  causes  of  action  pending. 

Sec.  110.  Penalties  applicable  to  expenses  of  commission.  All  pen- 
alties imposed  by  this  chapter  shall  be  applicable  to  the  expenses  of 
the  commission.  When  collected  by  the  commission  such  penalties  shall 
be  paid  into  the  state  treasury  and  be  thereafter  appropriated  by  the 
legislature  for  the  purposes  prescribed  by  this  section. 

Sec.  111.  Record  and  report  of  injuries  by  employers.  Every  em- 
ployer shall  keep  a  record  of  all  injuries,  fatal  or  otherwise,  received 

39 


by  his  employees  in  the  course  of  their  employment.  Within  ten 
days  after  the  occurrence  of  an  accident  resulting  in  personal  injury 
a  report  thereof  shall  be  made  in  writing  by  the  employer  to  the 
commission  upon  blanks  to  be  procured  from  the  commission  for  that 
purpose.  Such  report  shall  state  the  name  and  nature  of  the  business 
of  the  employer,  the  location  of  his  establishment  or  place  of  work, 
the  name,  address  and  occupation  of  the  injured  employee,  the  time, 
nature  and  cause  of  the  injury  and  such  other  information  as  may 
be  required  by  the  commission.  An  employer  who  refuses  or  neglects 
to  make  a  report  as  required  by  this  section  shall  be  guilty  of  a  mis- 
demeanor, punishable  by  a  fine  of  not  more  than  five  hundred  dol- 
lars. 

Sec.  112.  Information  to  be  furnished  by  employer.  Every  em- 
ployer shall  furnish  the  commission,  upon  request,  any  information 
required  by  it  to  carry  out  the  provisions  of  this  chapter.  The  com- 
mission, a  commissioner,  deputy  commissioner,  or  any  person  deputized 
by  the  commission  for  that  purpose,  may  examine  under  oath  any 
employer,  officer,  agent  or  employee.  An  employer  or  an  employee 
receiving  from  the  commission  a  blank  with  directions  to  file  the  same 
shall  cause  the  same  to  be  properly  filled  out  so  as  to  answer  fully 
and  correctly  all  questions  therein,  or  if  unable  to  do  so,  shall  give 
good  and  sufficient  reasons  for  such  failure.  Answer  to  such  questions 
shall  be  verified  under  oath  and  returned  to  the  commission  within 
the  period  fixed  by   the  commission   therefor. 

Sec.  113.  Inspection  of  records  of  employers.  All  books,  records 
and  payrolls  of  the  employers  showing  or  reflecting  in  any  way  upon 
the  amount  of  wage  expenditures  of  such  employers  shall  alwaya 
be  open  for  inspection  by  the  commission  or  any  of  its  authorized 
auditors,  accountants  or  inspectors  for  the  purpose  of  ascertaining  the 
correctness  of  the  wage  expenditure  and  number  of  men  employed 
and  such  other  information  as  may  be  necessary  for  the  uses  and 
purposes  of  the  commission  in  the  administration  of  this  chapter. 

Sec.  114.  Interstate  commerce.  The  provisions  of  this  chapter 
shall  apply  to  employers  and  employees  engaged  in  intrastate,  and 
also  in  interstate  or  foreign  commerce,  for  whom  a  rule  of  liability 
or  method  of  compensation  has  been  or  may  be  established  by  the 
congress  of  the  United  States,  only  to  the  extent  that  their  mutual 
connection  with  intrastate  work  may  and  shall  be  clearly  separable 
and  distinguishable  from  interstate  or  foreign  commerce,  except  that 
such  employer  and  his  employees  working  only  in  this  state  may,  sub- 
ject to  the  approval  and  in  the  manner  provided  by  the  commission 
and  so  far  as  not  forbidden  by  apy  act  of  congress,  accept  and  be- 
come bound  by  the  provisions  of  this  chapter  in  like  manner  and  with 

40 


the  same  effect  in  all  respects  as  provided  herein  for  other  employers 
and  their  employees. 

Sec.  115.  Penalties  for  false  representation.  If  for  the  purpose 
of  obtaining  any  benefit  or  payment  under  the  provisions  of  this  chap- 
ter, either  for  himself  or  any  other  person,  any  person  wilfully  makes 
a  false  statement  or  representation,  he  shall  be  guilty  of  a  misde- 
meanor. 

Sec.  116.  Limitation  of  time.  No  limitation  of  time  provided  in 
this  chapter  shall  run  as  against  any  person  who  is  mentally  incom- 
petent or  a  minor  dependent  so  long  as  he  has  no  committee,  guardian 
or  next  friend. 

Sec.  117.  Duties  of  commissioner  of  labor.  The  commissioner  of 
labor  shall  render  to  the  commission  any  proper  aid  and  assistance  by 
the  department  of  labor  as  in  his  judgment  does  not  interfere  with 
the  proper  conduct  of  such  department. 

Sec.  118.  Unconstitutional  provisions.  If  any  section  or  provision 
of  this  chapter  be  decided  by  the  courts  to  be  unconstitutional  or 
Invalid,  the  same  shall  not  affect  the  validity  of  the  chapter  as  a 
w^hole  or  any  part  thereof  other  than  the  part  so  decided  to  be  uncon- 
stitutional or  invalid. 

Sec.  119.  Actions  or  causes  of  action  pending.  This  act  shall  not 
affect  any  action  pending  or  cause  of  action  existing  or  which  accrued 
prior  to  July  first,  nineteen  hundred  and  fourteen. 

ARTICLE  7. 
Laws  Repealed;  When  to  Take  Effect. 

Section  130.     Laws  repealed. 

131.     When  to  take  effect. 

Sec.  130.  Laws  repealed.  Article  fourteen-a  and  sections  two  hun- 
dred and  fifteen  to  two  hundred  and  nineteen-g,  both  inclusive,  of 
chapter  thirty-six  of  the  laws  of  nineteen  hundred  and  nine,  as  amended 
by  chapter  six  hundred  and  seventy-four  of  the  laws  of  nineteen  hun- 
dred and  ten,  are  hereby  repealed. 

Sec.  131.  When  to  take  effect.  This  chapter  shall  take  effect 
January  first,  nineteen  hundred  and  fourteen,  provided  that  the  ap- 
plication of  this  chapter  as  between  employers  and  employees  and  the 
payment  of  compensation  for  injuries  to  employees  or  their  depend- 
ents, in  case  of  death,  shall  take  effect  July  first,  nineteen  hundred 
and  fourteen,  but  payments  into  the  state  insurance  fund  may  be 
made  prior  to   July  first,   nineteen  hundred  and  fourteen. 

Approved  by  the  Governor,  December  16,  1913. 

41 


CERTIFICATION. 

State  of  New  York,  i 

Office  of  the  Secretary  of  State.   ( 

I  have  compared  the  preceding  with  the  original  law  on 
file  in  this  office,  and  do  hereby  certify  that  the  same  is  a  cor- 
rect transcript  therefrom,  and  of  the  whole  of  said  original 
law. 

[SEAL]  Given  under  my  hand  and  the  seal  of  office  of  the  Secre- 

tary of  State,  at  the  City  of  Albany,  this  seventeenth  day  of 
December  in  the  year  one  thousand  nine  hundred  and  thir- 
teen. 

JOSE  E.  PIDGEON, 

Second   Deputy   Secretary  of   State. 


42 


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